OF  THE 

UNIVERSITY 
Of  ILLINOIS 

352.. 0773 
C 13or 
1883 


} 


Digitized  by  the  Internet  Archive 
in  2016  with  funding  from 

University  of  Illinois  Urbana-Champaign  Alternates 


https://archive.org/details/revisedordinance1883gale 


Revised  Ordinances 


OF  THE 

CITY  OF  GALESBURG 


COMPIITSING  THE 

CHARTERS  AND  AMENDMENTS, 

THE 

State  Laws  Relating  to  the  Goveniiiieiit  of  Cities, 

AND  THE 

Ordinances  of  the  City  Council. 


CODIFIED  AND  REVISED  BY 

F.  A.  WILLOUGHBY  AND  G.  A.  LAWRENCE. 


GALESBURC,  ILLINOIS: 

FiniLISirED  BY  OKDKK  OF  THE  (HTY  (!()(TN(HL. 

1883 


I 


I 


PREFACE. 


Galesburg,  one  of  the  most  beautiful  inland  cities  in  the  West, 
situated  in  the  midst  of  a fertile  agricultural  region,  was  founded 


^ found  in  the  West  a Christian  college  which  should  provide  for 
Ei^the  youth  a liberal  course  of  learning,  and,  while  assisting  stu- 
^dents  to  an  education,  teach  them  the  dignity  and  value  of,  and 
practical  skill  in,  manual  labor. 

The  progress  of  the  little  village  thus  founded  in  the  inspiration 
<-of  a benevolent  idea,  and  fostered  by  the  energies  of  enterprising 
and  industrious  men,  was  steady  and  permanent ; and  the  settle- 
ment, which  afterwards  became  the  “College  City,”  soon  acquired 
; an  enviable  reputation  as  an  educational  centre.  In  1854  the 
“ advent  into  the  town  of  the  railroad  which  to-day  stretches  its 
arms  of  steel  to  the  four  points  of  the  compass,  gave  the  spur  to 
g-;-.  commercial  activity,  and  by  suddenly  increasing  the  population, 
j hastened  the  growth  of  the  village,  which,  in  1857  Avas  incorpo- 
^ rated  as  a city.  The  special  charter  granted  at  this  time  remained 
in  force  until  July,  1876,  when  the  city  organized  under  the  Gen- 
^eral  Incorporation  Act. 

Public  improvements  now  claimed  special  attention  and  pro- 
^ gressed  steadily  in  the  construction  of  sewers,  pavements  and 

'‘O  , , 

^ water  mains.  It  has  been  during  the  past  few  years  the  policy 
^ of  the  city  government,  while  gradually  reducing  the  ]mblic  debt 
(which  now  amounts  to  a merely  nominal  sum),  and  keeping 
V taxes  at  a low  figure,  to  expend  each  year  a portion  of  the  public 
money  in  such  iinjirovements  as  are  in  keejiing  with  the  growth 


by  Rev.  Geo.  W.  Gale,  D.D.,  in  the  Spring  of  1837. 

The  idea  which  gave  birth  to  this  “gem  of  the  prairie”  was  to 


^ of  the  city — in  a word,  to  exercise  in  its  expenditures 
"'^^^^onomy  and  judicious  liberality.” 


“a  wise 


I i 56657 


PREFACE. 


iv^ 

Tlie  educational  institutions  of  the  city  of  Galesburg  are  justly 
the  pride  of  its  citizens.  Knox  College,  whose  founding  is  coeval 
with  the  birth  of  the  city,  with  spacious  grounds  and  ample  build- 
ings located  in  the  centre  of  the  city,  under  the  presidency  of  Hon. 
Newton  Bateman,  LL.D.,  with  a faculty,  seventeen  in  number,  has 
acquired  a reputation  for  thoroughness  and  high  culture,  second 
to  none  in  the  West.  Knox  Female  Seminary,  a part  and  under 
the  supervision  of  Knox  College,  is  a flourishing  institution. 

Lombard  University,  chartered  in  1851,  situated  about  one  mile 
from  the  centre  of  the  city  has  a fine  brick  building,  handsome 
grounds,  well  ordered  equipments,  and  with  a Universalist  Theo- 
logical Department  attached,  takes  rank  with  the  best  colleges  in 
the  Northwest. 

St.  Joseph’s  Catholic  Academy  and  Boarding  School  founded 
in  1880,  is  in  charge  of  the  Sisters  of  Providence;  has  a large 
brick  building  pleasantly  located,  capable  of  accommodating  six 
hundred  pupils;  and  with  a faculty  of  ten  teachers  combines  the 
usual  excellencies  of  institutions  of  this  character. 

The  advantages  for  a thorough  commercial  education,  afforded 
by  “The  Western  Business  College,”  are  excelled  nowhere.  J. 
M.  Martin  & Bro.,  'proprietors,  ever  on  the  alert  to  introduce 
improved  methods  of  practical  business  training,  and  keep  abreast 
of  the  times,  have  secured  the  confidence  of  the  public  and  gained 
for  their  institution  a high  reputation. 

The  private  institution  of  Prof.  E.  D.  Bangs  is  deservedly  tak- 
ing high  rank  as  a popular  school  of  specialties. 

In  the  “nation’s  safeguard,”  the  common  school,  this  city 
stands  pre-eminent.  A high  school  building  of  imposing  archi- 
tectural design,  five  substantially  built  brick  ward  schools,  and  a 
frame  building,  constructed  at  an  aggregate  cost  of  $125,000,  fur- 
nish ample  accommodations.  These  schools,  properly  graded, 
and  ably  taught,  have,  under  the  superintendence  of  M.  Andrews, 
A.  M.,  secured  more  than  a local  influence  and  are  not  unworthy 
the  fame  of  the  “College  City”  as  an  educational  center. 

A valuable  auxiliary  of  the  public  school,  and  one  of  the  most 
honorable  evidences  of  pul)lic  taste  and  refinement,  is  the  Free 
Public  Ijibrary  and  Reading  Room.  It  is  reported  second  in  size 


1‘  K E F A ( ' E . 


V 


ill  the  State,  carrying  upon  its  list  eleven  thousand  volumes  and 
supplying  the  reading  public  with  the  principle  news  journals 
and  periodicals  of  the  United  States.  It  is  no  longer  an  experi- 
ment, but  holds  a permanent  place  as  a public  municipal  insti- 
tution, and  receives,  as  it  deserves,  the  generous  support  of  the 
community. 

The  streets  are  mainly  lighted  by  gas  manufactured  by  the 
Galesburg  Gaslight  and  Coke  Company ; one  private  and  two 
National  banks  furnish  the  needed  banking  facilities;  three 
papers  supply  the  current  news  ; while  the  business  of  the  post- 
office  having  reached  the  required  amount,  hastened  by  the  rap- 
idly increasing  postal  transactions  of  the  Covenant  Mutual  Ben- 
efit Association,  has  led  to  the  establishment  in  the  city  of  Free 
Postal  Delivery. 

The  recent  construction  of  the  Fulton  County  Narrow  Gauge 
Railroad,  through  a tract  of  country  rich  in  coal  fields  and  agri- 
culture, furnishes  a competing  line  to  the  seaboard  and  bids  fair 
with  our  other  railroad  facilities  to  further  develop  the  already 
nourishing  manufacturing  interests  of  the  city.  Chief  among 
such  interests,  at  present,  are  Geo.  W.  Brown  & Co’s.  (Incorpo- 
rated) Corn  Planter  Works,  the  largest  of  the  kind  in  the  world, 
with  a paid  up  capital  of  $300,000  and  a surplus  of  $150,000,  in 
which  are  employed  over  300  men,  and  whose  monthly  pay-roll 
amounts  to  about  $15,000,  working  up  annually  1,000  tons  of 
iron  castings,  700  tons  of  bar  iron  and  steel,  40  tons  of  })aints  and 
oils,  1,000,000  feet  of  lumber,  3,000  tons  of  coal,  750  tons  of 
grindstones  and  other  miscellaneous  material,  completing  about 
17,000  different  machines,  including  planters,  stalk  cutters,  plow 
sulkies,  cultivators  ancl  check-rowers;  the  “Frost  Manufacturing 
Company”  with  a paid  up  capital  of  $80,000,  employing  about 
GO  workmen  in  the  manufacture  of  steam  engines  and  general 
machinery  ; G.  D.  Colton  & Co’s.  Novelty  Works,  with  a capital 
of  $50,000  and  40  workmen  turning  out  castings  and  machinery; 
the  broom  factory  of  A.  Boyer,  in  which  are  annually  manufac- 
tured upwards  of  9,000  dozen  brooms;  the  windmill  factory  of 
May  Bros.,  being  one  of  the  largest  in  the  State  ; and  last  but 
not  least,  the  large  agricultural  warehouses  of  Avery  Bros.  & 
Brooks — being  a branch  of  the  planter  works  of  Avery  Bros. 


VI 


PREFACE. 


The  shops  of  the  Chicago,  Burlington  & Quincy  Railroad  Com- 
pany, the  stock  yards,  and  the  multitude  of  minor  interests  which 
it  is  impossible  to  detail,  furnish  labor  for  an  army  of  men,  and 
contribute  largely  to  the  support  of  the  business  interests  of  the 
citv. 

The  smallest  police  force,  in  proportion  to  population,  in  the 
State,  preserves  peace  and  good  order,  and  an  efficient  paid  fire 
department  protects  the  property  of  the  citizens. 

In  churches,  responsible  business  houses,  good  hotels,  public 
halls,  societies,  and  all  that  go  to  make  a well  ordered  and  enter- 
prising place,  this  city  is  unexcelled. 

In  a word  the  city  of  Galesburg  possesses  unusual  advantages. 
The  center  of  a network  of  railroads  leading  in  various  directions, 
surrounded  by  coal  fields,  the  facilities  for  transportation,  cheap- 
ness of  fuel,  and  the  fertility  of  agricultural  surroundings  offer 
great  inducements  to  capitalists  and  manufacturers ; healthful- 
ness of  climate,  broad  and  shaded  thoroug’hfares  and  beautiful 
parks  and  grounds  make  it  a desirable  place  of  residence  ; while 
churches,  colleges  and  schools  entitle  it  to  be  called  the  “Athens 
of  Illinois.” 


CITY  OFFICERS. 


1857. 

3Iayor — Henry  R.  Sanderson. 

Aldermen — J.  H.  Sherman,  Edwin  Post,  James  F^.  Dunn,  J.  W. 
Cothren,  Marcus  Belden,  E.  M.  Jordan. 

Clerk — O.  S.  Pitcher.  Treasurer — A.  M.  Phelps, 

3Iarshal — Fred.  P.  Sisson.  Attorney — O.  S.  Pitcher. 

Assessor — David  Sanborn.  Street  CoytCr — Jolin  Burlingham. 

1858. 

3Iayor — Samuel  W.  Brown. 

Aldermen — Elisha  C.  Field,  Edwin  Post,  Jacob  D.  Hand,  J.  W. 
Cothren,  E.  R.  Adams,  E.  M.  Jordan. 

Clerk — William  A.  Wood.  Treasurer — George  Davis. 

Alarshal — Timothy  Walker.  Attorney — S.  A.  Kingsbery. 

Assessor — David  Sanborn.  Street  CouCr — Lyman  Arnold. 

1859. 

Mayor — Johi^  0.  Stewart. 

Alderinen — Elisha  C.  F'ield,  George  I.  Bergen,  Jacob  D.  Hand, 
Reuben  Heflin,  E.  R.  Adams,  Clark  E.  Carr. 

(Jlerk — Win.  A.  Wood,  Treasurer — George  Davis, 

Alarshal — Henry  Moore,  Attorney — William  Andrews. 

Assessor — David  Sanborn.  Street  ConCr — Lyman  Arnold. 

1860. 

Mayor — James  F.  Dunn. 

Aldermen — Walter  Brinkerhoff,  George  I.  Berg*en,  Heniy  S. 
Hurd,  Reuben  Heflin,  Loyal  C.  Fdeld,  Clark  E,  Carr. 

Clerk — Wm.  A.  Wood.  'treasurer — J:Jenj.  F.  Holcomb. 

Alarshal — Henry  Moore.  Atkrniey — William  Andrews. 

Assessor — John  F.  Edgerton.  Street  (Joni'r — P.  L.  Hawkinson. 


Vlll 


C 1 T Y OFFICERS. 


1861. 

31 a yor — A 1 IVe d Knowles. 

Alderme)i — J.  R.  Gordon,  Win.  Penn  Frailey,  Henry  S.  Hurd, 
S.  S.  Cheeney,  Loyal  C.  Field,  Job  Swift. 

Clerk — Wm.  A.  Wood.  Treasurer — Benj.  F.  Holcomb. 

Jlarshal — Henry  Moore.  Attorney — M.  L.  Knig-ht. 

— John  F.  Edgerton.  Street  Coni')' — P.  L.  Hawkinson. 

1862. 

3Iayor — Albert  Reed. 

Alderme)i — Josias  Grant,  Wm.  Penn  Frailey,  Henry  S.  Hurd,  S. 
S.  Cheeney,  Timothy  Nash,  Job  Swift. 

Clerk — Wm.  A.  Wood.  Treasurer — Isaac  Delano. 

Marshal — George  Ekins.  Attorney — J.  B.  Boggs. 

Assessor — David  Sanborn.  Street  Conir — P.  L.  Hawkinson. 

1863. 

3Iayor — James  F.  Dunn. 

Aldernie)i — Timothy  Moshier,  Peter  Schoberg,  H.  S.  Hurd,  Lau- 
ren C.  Conger,  Timothy  Nash,  Warren  S.  Bellows. 

Clerk — Wm.  A.  Wood.  Treasurer — Isaac  Delano.' 

3Iarshal — George  Ekins.  Attorney — William  Andrews. 

— John  F.  Edgerton.  Street  Conir — Patrick  Chaplan. 


1864. 

3Iayor — John  A.  Marshall. 

Aldernie)i — Elisha  C.  Field,  Frederick  P.  Sisson,  Warren  C.  Wil- 
lard, S.  S.  Cheeney,  .lames  Larkin,  Warren  S.  Bellows. 

(Jhi'k — M^m.  A.  AVood.  Treasurer — Isaac  Delano. 

3[arshal — H.  H.  Willsie.  Attor)iey — AVilliam  Andrews. 

Assessor — Geo.  Ekins.  Street  Conir — Patrick  Chaplan. 

1865. 

3tayor — John  A.  Marshall. 

Aldernie)i — Elisha  C.  Field,  George  I.  Bergen,  Warren  C.  Wil- 
lard, L.  E.  Conger,  James  Larkin,  Loyal  C.  Field. 

Clerk — Wm.  A.  Wood.  Treasurer — Isaac  Delano. 

31ai'shal — .lames  McC.  Lee.  Attorney — J.  B.  Boggs. 

Assessor — Geo.  Ekins.  Street  ('.oirir — Lewis  Bergland. 


CITY  OFFICERS. 


IX 


1866. 

Mayor — John  A.  Marshall. 

Aldermen — Marcus  Belden,  George  I.  Bergen,  Warren  C.  Wil- 
lard, L.  E.  Conger,  Timothy  Nash,  Loyal  C.  Field. 

Clerk — Wm.  A.  Wood.  Treasurer — Isaac  Delano. 

Alarshal — G.  A.  Marsh.  Attorney — J.  B.  Boggs. 

Assessor — Geo.  Ekins.  Street  (Joni^r — Lewis  Bergland. 

1867. 

Alayor — Charles  P.  West. 

Aldermen — Marcus  Belden,  John  Peterson,  Warren  C.  Willard, 
B.  F.  Arnold,  Timothy  Nash,  George  Churchill. 

* 

Clerk — Wm.  A.  Wood.  Treasurer — Isaac  Delano. 

Alarshal — G.  A.  Marsh.  Attorney — J.  B.  Boggs. 

Assessor — Geo.  Ekins.  Street  Coni’r — 1).  A.  Dudley. 

Overseer  of  Poor — Levi  S.  .Stanley. 


1868. 

Mayor — Edwin  Post. 

Aldermen — Marcus  Belden,  .lohn  Peterson,  Alfred  Kitchell,  B.  F. 
Arnold,  Timothy  Nash,  George  Churchill. 

Clerk — Solomon  F.  Flint.  Treasurer — Robert  Colville. 

Marshal — H.  H.  Willsie.  Attorney — J.  B.  Boggs. 

^Lssessor — Geo.  Ekins.  Street  (Coni’r — D.  A.  Dudley. 

Overseer  of  Poor — Levi  S.  Stanley. 


1869. 

Mayor — Edwin  Post. 

Aldermen — Marcus  Belden,  Andrew  S.  Hoovei-,  Alfred  Kitchell, 
James  W.  Cothren,  Timothy  Nash,  George  Chui-chill. 

Clerk — Solomon  F.  Flint.  Treasurer — Robert  Colville. 

Marshal — H.  H.  Willsie.  Attorney — J.  B.  Boggs. 

Assessor — Geo.  Ekins.  Street  Coni’r — J.  McC.  Lee. 

Overseer  of  Poor — Franklin  Ogden. 


X 


CITY  OFFICERS. 


1870. 

Mayor — Marcus  Belden. 

Aldermen — M.  E.  Fuller,  A.  S.  Hoover,  Q.  F.  Price,  J.  \V.  Cotb- 
reii,  J.  P.  Cbapman,  Sam.  Hitchcock,  James  Cleaiy. 

Clerk — Solomon  F.  Flint.  Treasurer — Robert  Colville. 

Alarshal — H.  H.  Willsie.  Attorney — F.  M.  Grant. 

— Geo.  Ekins.  Street  (\mdr — .1.  McC.  Lee. 

Overseer  of  Poor — Franklin  Ogden. 

1871. 

Alayor — Timothy  Nash. 

Aldermen — -M.  E.  Fuller,  Geo.  H.  Smith,  Edwin  Knowles,  13.  F. 
x\.rnold,  J.  P.  Chapman,  Sam.  Hitchcock,  .James  Cleary. 

Clerk — Solomon  F.  Flint.  Treasurer — Nels  Nelson. 

Marshal — Robt.  N.  Pollock.  Attorney — M.  M.  Clark. 

^ L*6*c.s*6*6>7* — Geo.  Ekins.  ^ Street  Coni'}' — J.  McC.  Lee. 

Overseer  (f  Poor — Geo.  IJ.  Kingsbeiy. 

1872. 

Mayor — I^oyal  C.  Field. 

Aldermen — H.  R.  Sanderson,  Geo.  H.  Smith,  Wm.  S.  Gale,  B.  F. 
Arnold,  1).  T.  Dickson,  .John  W.  Boyd,  .J as.  Cleary. 

Clerk — Solomon  F.  Flint.  Treasurer — Nels  Nelson. 

Marshal — Robt.  N.  Pollock.  Attor)iey — W.  C.  Calkins. 

— Geo.  Ekins.  Street  i'ondr — Joshua  Drake. 

Ovei'seer  of  Poor — Geo.  H.  Ivingsbery. 

1873. 

Mayor — O.  T.  Johnson. 

Alderme}i — H.  R.  Sanderson,  C.  C.  Merrill,  Wm.  S.  Gale,  B.  F. 
Arnold,  D.  T.  Dickson,  .John  W.  Boyd,  Jas.  Cleary. 

(Perk — Solomon  F.  Flint.  Treasurer — Nels  Nelson. 

Marshal — .Jas.  Ij.  Wertz.  Attorney — J).  H.  Clarke. 

Assessor — Geo.  Ekins.  Street  Coni'}' — A.  J.  Gillette. 

Overseer  of  Poor — Geo.  H.  Jvinoslierv. 


C I T Y O F P"  I C E R S . 


XI 


\ 


1874. 

Mayor — O.  T.  Johnson. 

Alclermoi — H.  R.  Sanderson,  C.  C.  Merrill,  Win.  S.  Gale,  B.  F. 
Arnold,  Timothy  Nash,  John  W.  Boyd,  Jas.  I^arkin. 

Clerk — Solomon  F.  Flint.  Treasurer — Nels  Nelson. 

Marshal — Jas.  L.  Wertz.  Attorney — E.  P.  Williams. 

Assessor — Geo.  Ekins.  Street  (Joni’r — A.  J.  Gillette. 

Ocerseer  of  Poor — Geo.  H.  King-sbery. 

1875. 

AltCyor — James  H.  Calkins. 

Aldermen — H.  R.  Sanderson,  Luther  Becker,  Wm.  S.  Gale,  B.  F. 
Arnold,  Timothy  Nash,  John  W.  Dieterich,  James  Larkin. 

Clerk — Solomon  F.  Flint.  Attorney — E.  P.  Williams. 

Treasurer — Nels  Nelson.  — Geo.  ICkins. 

Alarshal — Frank  E.  Fowler.  Street  SupH — A.  J.  Gillette. 
Orerseer  of  Poor — Geo.  H.  Kingsbery. 


1876. 

Alayor — George  W.  Brown. 

Aldermen — H.  R.  Sanderson,  Luther  Becker,  Wm.  S.  Gale,  B.  F. 
Arnold,  Timothy  Nash,  John  W.  Dietei  ich,  James  Larkin. 

Clerk — Solomon  F.  Flint.  Attorney — F.  A.  Willoughby. 

Treasurer — D.  T.  Dicksoir.  Assessor — Geo.  Ekins. 

Marshal — Frank  E.  Fowler.  Street  SupH — M.  Hustin. 

Overseer  of  Poor — Geo.  H.  Kingsbery. 

1877. 

Alayor — John  C.  Stewart. 

Aldermen — H.  R.  Sanderson,  John  Edwards,  Geo.  W.  Barnett, 

D.  M.  Morse,  Wm.  S.  Gale,  John  Becker,  A.  F.  Brulin,  T.  F. 
Hamblin,  Jas.  A.  McKenzie,  P.  .1.  Brown,  R.  W.  Hunt,  Chas. 

E.  Grant,  M.  G.  Kennedy,  Chas.  Selk. 

Clerk — Wm.  A.  Ryan.  Attorney — F.  C.  Smith. 

Treasurer — D.  T.  Dickson.  Assessor — Geo.  Ekins. 

Alarshal — Frank  E.  Fowler.  Street  Sup't — W.  W.  Patch. 

Overseer  of  Poor — Geo.  H.  Kingsbery. 


XU 


CITY  OFFICE  K S . 


1878. 

Major — John  C.  Stewart. 

Ahlermen — H.  R.  Sanderson,  John  Edwards,  Geo.  W.  Barnett, 

D.  M.  Morse,  Wm.  S.  Gale,  John  Becker,  B.  F.  Arnold,  Geo. 
L.  Arnold,  James  A.  McKenzie,  P.  J.  Brown,  R.  W.  Hunt,  Chas. 

E.  Grant,  M.  G.  Kennedy,  Chas.  Selk. 

Clerk — Wm.  A.  Ryan.  Attorne)/ — F.  C.  Smith. 

Treasurer — D.  T.  Dickson.  , Assessor — Geo.  Ekins. 

Ma/’skal — T.  F.  Hamblin.  ^Street  Sup'’t — W.  AV.  Patch. 

Overseer  of  Poor — Geo.  H.  Kingsbeiy. 


1879. 

Major — David  Greenleaf. 

Aldermen — J.  C.  M illiams.  .lohn  Edwards,  D.  M.  Morse,  Geo  W. 
Barnett,  W.  S.  Gale,  J.  B.  Boggs,  G.  L.  Arnold,  B.  F.  Arnold, 
P.  J.  Brown,  A,  J.  Perry,  C.  E.  Grant,  R.  W.  Hunt,  M.  G. 
Kennedy,  W.  C.  Murphy. 

Clerk — W.  A.  Ryan.  Attornej — E.  H.  T^each. 

Treasurer — M.  W.  Chittenden.  Assessor — Geo.  Ekins. 

Mars/tal — H.  H.  Willsie.  Street  Sup't — AV.  P.  Sisson. 

Overseer  of  Poor — Geo.  H.  Kingsbery. 


1880. 

Major — David  Greenleaf. 

Aldermen — J.  C.  Mdlliams,  John  Edwards,  D.  M.  Morse,  Asa  A. 
Matteson,  AA’.  S.  Gale,  J.  B.  Boggs,  G.  L.  Arnold,  J.  C.  Hollis, 
P.  J.  Brown,  A.  J.  Perrv,  Jas.  H.  Linslev,  R.  AA^.  Hunt,  M.  G. 
Kennedy,  AAA  C.  Murphy. 

Clerk — AA".  A.  Ryan.  Attornej — E.  H.  Leach. 

Treasurer — M.  AY.  Chittenden.  Assessor — Geo.  Ekins. 

Marshe/l — Edward  Alorrissey.  Street  Sup't — AAA  P.  Sisson. 
Overseer  of  Poor — Geo.  H.  Kingsbery. 


(MTY  OFFICERS. 


Xlll 


1881. 

Mayor — B.  F.  Arnold. 

Aldermen — Max  J.  Mack,  John  Edwards,  E.  F.  Plielps,  Asa  A. 
Matteson,  W.  S.  Gale,  J.  B.  Boggs,  M.  S.  Smalley,  J.  C.  Hollis, 
P.  J.  Brown,  E.  P.  Williams,  Jas.  H,  Linsley,  R.  W.  Hunt,  M. 
G.  Kennedy,  Joshua  Drake.  , 

Clerk — W.  A.  Ryan.  Attorney — Geo.  W.  Prince. 

Treasurer — .Jas.  M.  Colville.  Assessor — Geo.  Ekins. 

Marshal — H.  W.  (Jowman.  Street  Supd — Timothy  Nash. 
Orerseer  of  Poor — Geo.  H.  Kingsbery. 

1882. 

AC  ay  or — B.  F.  Arnold. 

Aldermen — Max  .1.  Mack,  Geo.  W.  Thompson,  E.  F.  Phelps,  A. 

G.  Anderson,  .1.  B.  Boggs,  T.  W.  Rogers,  A G.  Humphrey, 
W.  O.  Brooks,  E.  P.  Williams,  G.  A.  Marsh,  R.  W.  Hunt,  Jas. 

H.  Linsley,  .Joshua  Drake,  M.  G.  Kennedy. 

Clerk — W.  A.  liyan.  Attorney — Geo.  W.  Prince. 

Treasitrer — .Jas.  M.  Colville.  Assessor — Geo.  Ekins. 

ATarshal — H.  W.  Cowman.  Street  SupH — Timothy  Nash. 
Overseer  of  Poor — Geo.  H.  ICingsbery. 
Cormnissioner  of  Health — Geo.  W.  Foote. 


BOARD  OF  EDUCATION. 


1861. 

President — A.  Ixnowles.  Clerk — W.  A.  Wood. 

Directors — C.  S.  Colton,  Edwin  Post,  David  Sanborn,  Geo.  H. 
Ward,  Clement  J.ieach,  .Jr.,  li.  P.  Sage. 

Principjal — R.  B.  Guild. 


1862. 

President — A.  Reed.  Clerk — W.  A.  Wood. 

Directors — C.  S.  Colton,  Edwin  Post,  David  Sanborn,  Geo.  H. 
Ward,  1.  N.  Candee,  R.  T^.  Sage. 

Super mtendent — .1.  B.  IRiberts. 


XIV 


BO  A It  D OF  EDUCATION. 

1863. 

President — J.  F.  Dunn.  Cleric — W.  A.  Wood. 

Directors — C.  S.  Colton,  Edwin  Post,  David  Sanborn,  Geo.  H. 
Ward,  r.  X.  Candee,  Geo,  Churchill. 

Superintendent — J.  B.  Roberts. 

1864. 

President — John  Marshall.  Clerk — W.  A.  Wood. 

Directors — J.  V.  N.  Standish,  Albeit  Reed,  David  Sanborn, 
Geo.  H.  Ward,  1.  N.  Candee,  Geo.  Churchill. 

Superintendent — J.  B.  Roberts. 

1865. 

President — John  Marshall.  Clerk — W.  A.  Wood. 

Di  rectors — J.  V.  N.  Standish,  Albert  Reed,  David  Sanborn, 
Geo.  H.  Ward,  1.  N.  Candee,  Geo.  Churchill. 

Su]>erintendent — J.  B.  Roberts. 

1866. 

President — John  Marshall.  Clerk — W.  A.  Wood. 

Directors — J.  V.  N.  Standish.  Albert  Reed,  Win.  E.  Dunn,  Geo. 
H.  Ward,  I.  N.  Candee,  Geo.  Churchill. 

Superintendent — J.  B.  Roberts. 

1867. 

President — C.  P.  West.  Clerk — W.  A.  Wood. 

Directors — H.  R.  Sanderson,  Alfred  Knowles,  Win.  E.  Dunn, 
Geo.  H.  Ward,  I.  N.  Candee,  Geo.  Churchill, 

Superintendent — J.  B.  Roberts, 

1868. 

President — Edwin  Post.  Clerk — S.  F.  Flint. 

Di  rectors — H.  R.  Sanderson,  Alfred  Knowles,  Win.  E.  Dunn, 
B.  F.  Stanley,  E.  P.  Williams,  Geo.  Churchill. 

Superintendent — J.  B.  Boberts, 

1869. 

President — Edwin  Post.  Clerk — S.  F.  Flint. 

Directors — H,  R,  Sanderson,  Alfred  Knowles,  John  C.  Stewart, 
B.  F.  Stanley,  E.  P.  Williams,  Geo.  Churchill. 

Superintend ent — J.  B.  Roberts. 


B O A R F)  OF  EDUCATION. 


XV 


1870. 

President — Marcus  Belden.  Clerk — S.  F.  Flint. 
Directors — Geo.  W.  Brown,  H.  M.  Hale,  .John  C.  Stewart,  B. 
F.  Stanley,  M.  D.  Cooke,  Geo,  Churchill,  H.  I).  Burling'hain. 
Superintendent — J.  B.  Roberts. 

1871. 

President — Timothy  Nash.  (Uerk — S.’ F.  P'’lint. 

Directors — Geo.  W.  Brown,  H.  M.  Hale,  John  C.  Stewart,  B. 
F.  Stanley,  M.  D.  Cooke,  Geo.  Churchill,  A.  H.  Huntington. 
Superintendent — J.  B.  Roberts. 

1872. 

President— C.  Field.  Clerk— 'S.  F.  Flint. 

]>irectors — Geo.  Chui-chill,  H.  M.  Hale,  .John  McFarland,  B.  F. 
Stanley,  M.  I).  Cooke,  F.  A.  Willoughby,  A.  H.  Huntington. 
Superintendent — J.  Jb  Roberts. 

1873. 

President— C.  T.  Johnson.  Clerk— F.  Flint.  ^ 
Directors — S.  J.  Parry,  Allred  Knowles,  .John  McFarland,  B.  F. 
Staidey,  M.  D.  Cooke,  F.  A.  Willoughby,  C.  J.,each,  .Jr. 
Superintendent — .J.  13.  Roberts. 

1874. 

President — O.  T.  Jolinson.  Clerk — S.  F.  Flint. 
Directors — S.  J.  Parry,  Alfred  I^nowles,  John  McFarland,  G.  L. 
Arnold,  M.  I).  Caoke,  F.  A.  Willoughby,  C.  licach,  Jr. 
Superintendent — J.  B.  Roljerts. 

1875. 

President — ,J.  H.  Calkins,  (derk — S.  F.  Flint. 

Directors — S.  .J.  INrry,  AllVed  Jvnowles,  C.  E.  Jjanstrum,  G.  1.. 
Airiold,  M.  D.  Cooke,  R.  W^.  Hunt,  C.  Jjeach,  .Jr. 

Si  ij)  e t ‘i rite  ndent — M . Andrews. 

1876. 

President — Geo.  \V.  I3rown.  (Jlerk — S.  F.  Flint. 

Directors — Geo.  W.  Foote,  .1.  I^.  Cook,  C.  E.  J.anstrum,  G.  I.. 
Arnold,  M.  I).  Cooke,  R.  W.  Hunt,  T.  E.  Clark. 

Snperinten dent — M . Andrews. 


XVI 


BOARD  OF  EDUCATIOX. 


1877. 

President — John  C.  Stewart.  Clerk — W.  A.  Ryan. 
Directors — Geo.  W.  Foote,  J.  P.  Cook,  0.  E.  Lanstrum,  G.  L. 
Arnold,  ^Y.  C.  Calkins,  R.  W.  Hunt,  T.  L.  Clark. 

S uperintendent — M.  Andi-ews. 

1878. 

Presielent — John  C.  Stewart.  Clerk — W.  A.  Ryan. 

Directors — Geo.  W.  Foote,  Xels  Nelson,  Geo.  A.  Murdoch,  G. 
L.  Arnold,  W.  C.  Calkins,  L.  T.  Stone,  T.  L.  Clark. 

Superin  ten  dent — M . A n dre  ws. 

1879. 

President — D.  Greenleaf.  (Jlerk — W.  A.  Ryan. 

Directors — S.  J.  Parry,  Nels  Nelson,  Geo.  A.  Murdoch,  G.  L. 
Arnold,  W.  C.  Calkins,  L.  T.  Stone,  H.  W.  Belden. 

S uperintendent — M.  An  dre  ws. 

1880. ^ 

President — D.  Greenleaf.  Clerk — W.  A.  Ryan. 

Directors — S.  J.  Parry,  Nels  Nelson,  Geo.  A.  Murdoch,  G.  1.,. 
Arnold,  \Y.  C.  Calkins,  L.  T.  Stone,  H.  W.  Belden. 
Superintendent — M.  Andrews. 

1881. 

President — B.  F.  Arnold.  Clerk — W.  A.  Ryan. 
Directors — S.  J.  Parry,  Nels  Nelson,  Geo.  A.  Murdoch,  G.  L. 
Arnold,  W.  C.  Calkins,  L.  T.  Stone,  H.  ^Y.  Belden. 
Superintendent — M.  Andrews. 

1882. 

President — B.  F.  Arnold.  Clerk — \Y.  A.  Ryan. 
Directors — S.  J.  Parry,  P.  F.  Brown,  Geo.  A.  Murdoch,  G.  L. 
Arnold,  W.  C.  Calkins,  L.  T.  Stone,  R.  W.  Colville. 

Superin  ten  den  t — M . An  d re  ws . 


ORIGINAL  SPECIAL  CHARTER 

OF  THE 

CITY  OF  GALESBURG. 


Mote.— This  Charter,  so  far  as  it  is  inconsistent  with  “an  Act  to  provide  for  tlie  In- 
corporation of  Cities  and  V^illageS,”  ap})roved  A}>ril  10th,  18751,  and  coimnonlv  known  as 
tlie  “General  Charter,”  is  no  longer  in  force,  the  city  having,  July  17th,  1870,  adopted 
such  “General  Charter.” 


An,  Act  to  lncorj)ofate  the  City  of  Galesburg.  Approved  Fehruary  14,  isf>7. 


ARTICLE  FIRST — Boundaries,  Generae  Powers  and  Wards. 

ARTICLE  SECOND— Officers— Their  Election  and  Appointment. 
ARTICLE  THIRD- Elections. 

ARTICLE  FOURTH — Powers  and  Duties  of  Officers. 

AR'i'ICLE  FIFTH— The  City  Council— Its  General  Powers  and  Duties. 
ARTICLE  SIXTH— Taxation. 

ARTICLE  SEVEN'JTI— Assessments  for  Openino  Streets  and  Alleys. 
ARTICLE  EIGHTH — Public  Improvements  and  Assessments  Therefor. 
ARTICLE  NINTH — Collection  of  Taxes  and  Assessments. 

ARTICLE  TENTH— Fire  Department. 

ARTICLE  eleventh-board  op  Health. 

ARTICLE  TWELFTH— Miscellaneous  Provisions. 


ARTICLE  FIRST. 


boundaries,  general  powers  and  WAltDS. 


Section. 

1.  Territory  erected  into  the  City  of  Gales- 

burg. 

2.  General  powers  of  the  Corporation. 


Section. 

3.  Wards,  boundaries  of;  power  to  create 
additional  wards. 


Section  1.  /h  it  enacted  hy  the  People  of  the  State  (f  Illi- 
nois^ represented  in  the  General  Assembhp  'Hiat  all  the  distritT  ol‘ 
country  in  the  County  of  Knox,  and  State  ot  Illinois,  consisting’ 
of  tlie  tracts  of  land  known  as  the  west  half  of  tin;  southwest 
(juarter  of  section  one,  the  south  half  of  section  two,  tin;  south 
1 


/ 


2 


CHARTER. 


half  of  section  three,  the  southeast  quarter  and  east  half  of  the 
southwest  quarter  of  section  four,  anfl  the  east  half  of  the  northwest 

quarter  and  the  east  half  of  the  southwest  quarter  of  section- 

nine,  the  east  half  of  section  nine,  sections  ten  and  eleven,  the 
west  half  of  the  northwest  quarter  and  the  west  half  of  the 
southwest  quarter^of  section  twelve,  the  west  half  of  the,  north- 
west quarter  and  the  west  [half  ] of  the  southwest  quarter  of  sec- 
tion thirteen,  sections  fourteen  and  fifteen,  the  east  half  of  section 
sixteen,  the  east  half  of  the  northwest  quarter  and  the  east  half 
of  the  southwest  quarter  of  section  sixteen,  the  east  half  of 
the  northwest  quarter  of  section  twenty-one,  the  northeast 
quarter  of  section  twenty-one,  the  north  half  of  section  twenty- 
two,  the  north  half  of  [sectioii]  twenty-three,<^nd  the  west  half  of 
the  northwest  quarter  of  section  twenty-four,  in  township  eleven 
(11)  north,  one  (1)  east,  is  hereby  erected  into  a city,  by  the  name 
of  “The  City  of  Galesburg.” 

§ 2.  The  inhabitants  of  said  city  shall  be  a corporation,  by 
the  name  of  “The  City  of  Galesburg,”  and  by  that  name  shall 
have  perpetual  successiou,  sue  and  be  sued,  and  complain  and  de- 
fend in  any  court;  may  make  and  use  a common  seal,  and  alter 
and  change  it  at  pleasure;  may  take,  hold,  and  purchase  such 
real,  personal  or  mixed  estate  as  the  purposes  of  the  corporation 
may  require,  within  or  without  the  limits  of  the  city,  and  may 
sell,  lease  or  dispose  of  the  same  for  the  benefit  of  the  city. 

§ 3.  The  City  of  Galesburg  shall  divide  into  six  wards,  the 
boundaries  of  which  shall  be  as  follows; 

The  territory  bounded  on  the  north  by  the  center  line  of  Main 
street,  on  the  south  by  the  center  line  of  South  street,  on  the  east 
by  the  center  line  of  Seminary  street,  on  the  west  by  the  center 
line  of  West  street,  shall  be  called  the  First  Ward. 

The  territory  bounded  on  the  north  by  the  center  line  of  North 
street,  on  the  south  by  the  First  Ward,  on  the  east  by  the  center 
line  of  Seminary  street,  on  the  west  by  the  center  line  of  West 
street,  shall  be  called  the  Second  Ward. 

The  territory  bounded  on  the  west  by  the  center  litie  of  West 
street,  and  by  the  same  line  extended  to  the  northern  limits  of 
the  city,  on  the  south  by  the  center  line  of  North  street  and  the 
same  extended  to  the  eastern  limits  of  the  city,  and  bounded  on 
the  north  and  east  by  the  city  limits,  shall  be  called  the  Third 
Ward. 

The  territory  bounded  on  the  north  by  the  Third  Ward,  on  the 
west  by  the  center  line  of  Seminary  street  and  the  same  line  ex- 
tended to  the  southern  limits  of  the  city,  and  on  the  east  and 
south  by  the  city  limits,  shall  be  called  the  Fourth  Ward. 


C HARTER. 


3 


The  territory  bounded  on  the  east  by  the  Fourth  Ward,  on  the 
north  by  the  center  line  of  South  street  and  the  same  line  ex- 
tended to  the  western  limits  of  the  city,  and  on  the  south  and 
west  by  the  city  limits,  shall  be  called  the  Fifth  Ward. 

The  teri-itory  bounded  on  the  south  by  the  Fifth  Ward,  on  the 
east  by  the  First,  Second  and  Third  Wards,  on  the  north  and 
west  by  the  city  limits,  shall  be  called  the  Sixth  Ward. 

The  boundaries  of  the  said  wards  may  be,  by  the  city  council,  ‘ 
changed  from  time  to  time.  The  city  council  may  create  addi- 
tional wards  as  occasion  may  require,  and  fix  the  boundaries 
thereof. 


ARTICLE  SECOND. 


OFFICERS— THEIR  ELECTION  AND  APPOINTMENT. 


Section. 

1.  Officers  of  City — General  duties. 

2.  How  Appointed— How  long  to  hold. 

3.  Aldermen. 

4.  Vacancies. 


Section. 

5.  Officers— How  removed  from  office. 

6.  Vacancies. 

7.  Qualifications  to  hold  office. 

8.  When  election  is  a tie. 


Section  1.  The  municipal  government  of  the  city  shall  con- 
sist of  a city  council,  to  be  composed  of  the  Mayor  and  one  Aider- 
man  from  each  ward.  The  other  officers  of  the  corporation  shall 
be  as  follows:  A City  Clerk,  a City  Marshal,  a City  Treasurer,  a 

City  Attorney,  a City  Assessor  and  City  Street  Commissioner,  a 
City  Surveyor  and  Engineer,  who,  in  addition  to  the  duties  pre- 
scribed in  this  act,  shall  perform  such  other  duties  as  may  be 
prescribed  by  ordinance.  There  shall  be  such  other  officers, 
servants  and  agents  as  may  be  provided  by  ordinance,  to  be 
appointed  by  the  City  Council,  and  to  perform  such  duties  as  may 
be  prescribed  by  the  ordinance. 

§ 2.  All  officers  to  be  elected  or  appointed  under  this  act  ex- 
cept Aldermen  and  such  as  are  otherwise  provided  for  hereby, 
shall  hold  their  offices  one  year  and  until  the  election  or  appoint- 
ment and  qualification  of  their  successors  respectively.  All  other 
officers  mentioned  in  this  act,  and  not  otherwise  specially  pro- 
vided for,  shall  be  appointed  by  the  City  Council,  by  ballot,  on 
the  second  Monday  of  April  of  each  year,  or  as  soon  thereafter  as 
may  be;  but  the  City  Council  may  specially  authorize  the  appoint- 
ment of  watchmen  and  policemen  by  the  Mayor,  to  continue  in 
office  during  the  pleasure  of  the  City  Council:  Provided.,  the 

Mayor  and  City  Marshal  may  be  authorized  to  remove  them  from 
office  for  good  cause.  All  officers  elected  to  fill  vacfincies,  except 
where  especially  provided  for,  shall  hold  for  the  unexpired  term 


4 


CHARTER. 


only,  and  when  appointed  to  fill  vacancies  until  the  next  general 
election,  and  until  the  election  or  appointment  and  qualification 
of  their  successors. 

§ 3.  The  several  wards  of  the  city  shall  be  represented  in  the 
City  Council  by  one  Alderman  from  each  ward,  who  shall  be  a 
bima  Jide  resident  thereof.  The  Aldermen  shall  hold  their  offices 
for  two  years,  from  and  after  their  election,  and  until  the  election 
and  qualification  of  theii-  successors;  but  the  Aldermen  in  the 
First,  Third  and  Fifth  Wards,  at  the  first  election  held  under  this 
act,  shall  hold  their  offices  for  one  year  and  till  their  successors 
are  qualified  only;  but  at  the  annual  election  in  April,  1858,  there 
shall  be  elected  Aldermen  for  the  First,  Third  and  Fifth  Wards, 
wdio  shall  hold  their  offices  for  two  years  from  the  time  of  their 
election. 

§ 4.  If  from  any  cause  there  shall  not  be  a quoi  um  of  Aider- 
men,  the  Clerk  shall  appoint  a tim’e  and  place  for  holding  a special 
election  to  supply  such  vacancies,  and  to  appoint  judges  thereof 
if  necessary.  If  any  Alderman  shall  remove  from  the  ward  rep- 
resented by  him,  his  office  shall  become  vacant.  If  there  should 
lie  a failure  by  the  people  to  elect  any  officers  herein  required  to 
he  elected,  the  city  council  shall  forthwith  order  a new  election. 

§ 5.  Any  officer  elected  or  appointed  to  any  office  may  be  re- 
moved fiom  such  office,  by  a vote  of  two-thirds  of  all  Aldermen 
authorized  by  law  to  be  elected;  but  no  officer  shall  be  removed 
except  for  good  cause,  nor  unless  first  furnished  with  the  charges 
against  him,  and  heard  in  his  defense;  and  the  City  Council  shall 
have  power  to  compel  the  attendance  of  witnesses  and  the  pro- 
duction of  papers,  when  necessary  for  the  purposes  of  such  trial, 
and  shall  proceed  within  ten  days  to  hear  and  determine  upon 
the  merits  of  the  case;  and  if  such  officer  shall  neglect  to  appear 
and  answ^er  to  such  charges,  then  the  City  Council  may  declare 
the  office  vacant:  Provided^  this  section  shall  not  be  deemed 
to  apply  to  any  officer  appointed  by  the  City  Council.  Such 
officer  may  be  removed  at  any  time  by  a vote  of  two-thirds,  as 
aforesaid,  in  their  discretion;  but  any  officer  may  be  suspended 
until  the  dis])osition  of  the  charges  preferred. 

§ G.  AYhenever  any  vacancy  shall  occur  in  the  office  of  Mayor 
or  Aldejinan,  such  vacancy  shall  be  filled  by  a new  election,  and 
the  City  Council  shall  order  such  special  elections  within  ten  days 
after  the  happening  of  such  vacancy.  Any  vacancy  occurring  in 
any  other  office  may  be  filled  by  appointment  of  the  City  Council, 
but  no  s])ecial  election  shall  be  held  to  fill  vacancies  if  more  than 
nine  months  of  the  time  has  expired. 

§ 7.  All  citizens  of  the  United  States,  qualified  to  vote  at  any 
election  held  under  this  act,  shall  be  qualified  to  hold  any  office 
created  by  this  act. 


CHARTER. 


O 


§ 8.  When  two  or  more  candidates  for  any  elective  office 
shall  have  an  equal  number  of  votes  for  such  office,  the  election 
shall  be  determined  by  the  casting  of  lots,  in  the  presence  of  the 
City  Council. 


ARTICLE  THIRD. 

ELECTIONS. 


Section. 

1.  Election — When  to  be  held— Appoint- 
ment of  Inspectors. 


Section. 

2.  Elections  — How  conducted,  and  re 

turns  of  same. 

3.  Qualification  of  voters— Oath. 


Section  1.  A o-eneral  election  shall  be  held  in  each  ward  of 
the  city  on  the  first  Monday  of  April  next.  The  time  in  said  day 
and  the  place  of  such  elections  in  each  ward  shall  be  determined 
by  the  trustees  of  the  Town  of  Galesburg,  who  shall  give  six  days 
notice  thereof,  posted  in  one  public  place  in  every  ward,  and  they 
shall  also  appoint  three  inspectors  of  election  for  each  ward.  In 
case  the  said  trustees  should  fail  to  appoint  the  time  and  place  of 
such  elections,  and  the  inspectors  thereof,  the  qualified  electors 
in  each  ward  may  assemble  at  any  place  in  such  ward  and  ap- 
point inspectors  from  the  voters  present.  At  such  election  shall 
be  chosen  a Mayor,  one  Aldeiinan  in  each  ward — the  Alder-; 
man  to  be  voted  for  oidy  by  the  residents  of  the  ward  which  he 
is  elected  to  represent — a City  Clerk,  a 'City  Marshal,  a City 
Treasurer,  a City  Assessor,  and  a City  Street  Commissioner;  and 
at  the  same  time  and  place  the  voters  of  said  city  sliall  elect  a 
Justice  of  the  Peace,  as  the  voters  of  the  district  of  country  in- 
cluded within  the  corporate  limits  of  the  town  of  Galesburg  are 
authorized  to  do  by  the  charter  of  said  town,  which  authority  is 
in  nowise  changed  by  this  act,  only  that  such  Justice  shall  be 
elected  by  the  voters  of  the  city,  instead  of  the  town  of  Gales- 
burg. Upon  each  and  every  first  Monday  in  April  thereafter 
there  shall  be  held  a general  election  for  all  the  officers  required 
to  be  elected  at  such  times,  by  this  act  or  the  ordinances  of  the 
city. 

^ 2.  The  manner  of  conducting  and  voting  at  the  elections 
held  under  this  act  and  contesting  the  same,  the  keeping  of  poll 
lists,  canvassing  the  votes,  and  certifyiiig  the  returns,  shall  be  the 
same  as  nearly  as  may  be,  as  is  now  or  may  be  hereafter  provided 
by  law  at  general  State  elections:  Provided.,  the  Dity  Council 
shall  have  power  to  regulate  electiotis  and  appointments  of  judges 
thereof.  The  voting  shall  be  by  ballot,  and  the  judges  of  the  elec- 
tion shall  take  the  same  oath,  and  shall  have  the  same  powers  and 


6 


CH  AETER. 


authority  as  the  judges  of  general  elections.  After  the  closing 
of  the  polls  the  ballots  shall  be  counted  in  the  manner  provided 
by  law,  and  the  returns  shall  be  returned,  sealed,  to  the  City 
Clerk,  within  two  days  after  the  election;  and  thereupon  the  City 
Council  shall  meet  and  canvass  the  same  and  declare  the  result 
of  the  election.  The  persons  having  the  highest  number  of  votes 
for  any  office  shall  be  declared  elected.'  It  shall  be  the  duty  of 
the  City  Clerk  to  notify  all  persons  elected  or  appointed  to  office, 
of  their  elections  or  appointments;  and  unless  such  persons  shall 
qualify  within  twenty  days  thereafter,  the  office  shall  become 
vacant.  At  the  first  election  held  on  the  first  Monday  of  April 
next,  the  returns  shall  be  made  to  the  Clerk  of  the  Board  of 
Trustees  of  the  Town  of  Galesburg,  and  the  President  and  Trus- 
tees thereof  shall  meet  and  canvas  the  same  and  declare  the  re- 
sult of  the  election. 

§ 3.  No  person  shall  be  entitled  to  vote  at  any  election  under 
this  act  who  is  not  entitled  to  vote  at  State  elections,  and  who 
has  not  been  a resident  of  said  city  at  least  six  months  next  pre- 
ceding said  election ; he  shall  have  been,  moreover,  an  actual  resi- 
dent in  the  ward  in  which  he  proposes  to  vote  for  ten  days  pre- 
vious to  such  election,  and,  if  required  by  any  judge  or  qualified 
voter,  sliall  take  the  following  oath  before  he  is  permitted  to  vote: 

“ I swear  (or  affirm)  that  I am  of  the  age  of  twenty-one  years, 
that  1 am  a citizen  of  the  United  States,  (or  was  a resident  of 
this  State  at  the  time  of  the  adoption  of  the  Constitution),  and 
have  been  a resident  of  this  city  six  months,  and  a resident  of  the 
State  one  year  immediately  preceding  this  election,  and  am  now 
and  have  been  for  the  last  ten  days  past  a resident  of  this  ward, 
and  have  not  voted  at  this  election.”  Provided^  that  the  voter 
shall  be  deemed  a resident  of  the  ward  in  which  he  is  accustomed 
to  lodge. 


CHARTER. 


7 


ARTICLE  FOURTH. 

POWERS  AND  DUTIES  OF  OFFICERS. 


Section. 

1.  Officers  shall  take  oath,  to  be  filed  with 

Clerk. 

2.  Mayor  shall  see  that  officers  perform 

their  duty. 

3.  Powers  in  suppressing  riots  and  exe- 

cuting laws,  &c. 

4.  To  compel  exhibition  of  books  apd 

papers. 

5.  Salaries— How  fixed. 

6.  Shall  sign  or  veto  ordinances,  have 

power  to  administer  oaths,  make  ac- 
knowledgments, &c. 

7.  Vacancy  in  office  of  Mayor — How  filled. 

8.  Members  of  Council— Powers  and  ex- 

emptions. 


Section. 

9.  Clerk  — Term  of  office,  powers  and 
duties. 

10.  City  Attorney — Duties. 

11.  City  Treasurer— Duties. 

12.  City  Marshal— How  eligible— Duties 

— Powers. 

13.  City  Engineer  and  Surveyor — Duties 

— Powers. 

14.  City  Assessor — Duties — Powers. 

15.  Street  Commissioner  — Duties — Pow- 

ers. 

16.  Officers — Power  of  Council  over  — 

May  require  bonds. 

17.  Officers  refusing  to  deliver  papers, 

&c— How  dealt  with. 

18.  Officers  to  be  commissioned. 


Section  1.  Every  person  choseti  or  appointed  to  an  execu- 
tive, judicial  or  administrative  office  under  this  act,  shall,  before 
he  enters  upon  the  duties  of  his  office,  take  and  subscribe  the 
oath  of  office  prescribed  in  the  Constitution  of  this  State,  and  file 
the  same,  duly  certified  by  the  officer  before  whom  it  was  taken, 
with  the  City  Clerk. 

§ 2.  The  Mayor  shall  preside  over  the  meeting's  of  the  City 
Council,  and  shall  take  care  that  the  laws  of  this  State  and  the 
ordinances  of  this  city  are  duly  enforced,  respected  and  observed 
within  this  city;  and  that  all  other  officers  of  the  city  discharge 
their  respective  duties;  and  he  shall  cause  negligence  and  posi- 
tive violation  of  duty  to  be  prosecuted  and  punished;  he  shall 
from  time  to  time  give  the  City  Council  such  information,  atid 
recommend  such  measures  as  he  may  deem  advantageous  to  the 
city. 

§ 3.  He  is  hereby  authorized  to  call  on  any  and  all  white  male 
inhabitants  of  the  city  or  county,  over  the  age  of  eighteen  years, 
to  aid  in  enforcing  the  laws  of  the  State  or  the  ordinances  of  the 
city;  and  in  case  of  riot  to  call  out  the  militia  to  aid  in  suppress- 
ing the  same,  or  carrying  into  effect  any  law  or  ordinance;  and 
any  person  who  shall  not  obey  such  call  shall  forfeit  to  said  city  a 
fine  of  not  less  than  five  dollars. 

§ 4.  He  shall  have  power,  whenever  he  may  deem  it  necessary, 
to  require  of  any  of  the  officers  of  tiie  city  an  exhibit  of  all  his 


8 


CHARTER. 


books  and  papers;  and  he  shall  have  power  to  execute  all  acts 
that  may  be  I’equired  of  him  by  this  act  or  any  ordinance  made  in 
pursuance  thereof. 

§ 5.  He  shall  receive  such  salary  as  may  be  fixed  by  ordinance. 

^ ().  All  ordinances  and  resolutions  shall,  before  they  take 
elfect,  be  ])laced  in  the  office  of  the  City  Clerk,  and  if  the  Mayor 
approve  thereof  he  shall  sign  the  same;  and  such  as  he  shall  not 
ap[)i*ove  he  shall  return  to  the  City  Council  with  his  objections 
thereto.  Upon  the  return  of  any  ordinance  or  resolution,  by  the 
Mayor,  the  vote  by  which  the  same  was  passed  shall  be  recon- 
sidered, and  if,  after  such  reconsideration,  a majority  of  all  the 
members  elected  to  the  City  Council  shall  agree,  by  the  “ayes 
and  noes,”  which  shall  be  entered  upon  the  journal,  to  pass  the 
same,  it  shall  go  into  effect;  and  if  the  Mayor  shall  neglect  to  ap- 
prove of,  or  object  to  any  such  ])roceedings  for  a longer  period 
than  three  days  after  the  same  shall  be  placed  in  the  Ohu'k’s 
office  as  aforesaid,  the  same  shall  go  into  effect.  He  shall  ex- 
officio^  have  power  to  administer  any  oath  required  to  be  taken  by’’ 
this  act  or  any  law  of  the  State,  to  take  depositions,  acknowledg- 
ments of  deeds,  mortgages  and  all  other  instruments  of  writing, 
and  certify  the  same,  under  the  seal  of  the  city,  which  shall  be 
good  and  valid  in  law. 

§ 7.  In  case  of  vacancy  in  the  office  of  Mayor,  or  of  his  being 
unable  to  perform  the  duties  of  his  office,  by  reason  of  temporary 
or  continued  absence  or  sickness,  the  City  Council  shall  aj)point 
ojie  of  its  members,  by  ballot  to  preside  over  their  meetings, 
whose  official  designation  shall  be  “Acting  Mavor;”  and  the 
Alderman  so  appointed  shall  be  vested  with  all  the  powers  and  per- 
form all  the  duties  of  Mayor  until  the  Mayor  shall  assume  his 
office,  or  the  vacancy  shall  be  filled  by  a new  election. 

^ 8.  The  members  of  the  City  Council  shall  be,  ex-officio^  Fire 
Wardens  and  conservators  of  the  peace,  within  the  city,  and  shall 
be  exempt  from  jury  duty  during  their  term  of  office. 

^ y.  The  Clerk  shall  hold  his  office  for  three  years;  he  shall 
keep  the  corporate  seal  and  all  papers  and  books  belonging  to 
the  city;  he  shall  attend  all  meetings  of  the  City  Council,  and 
keep  a full  record  of  their  proceedings  on  the  journals;  and  copies 
of  all  papers  duly  filed  in  his  office,  and  transcripts  from  the 
journals  of  the  proceedings  of  the  City  Council  certified  by  him, 
under  the  corporate  seal,  shall  be  evidence  in  all  courts,  in  like 
manner  as  if  the  originals  were  produced.  He  shall,  likewise, 
draw  all  warrants  on  the  treasury  and  countersign  the  same,  and 
keep  an  accurate  account  thereof  in  a book  provided  for  that 
purpose;  he  shall,  also,  keep  an  accurate  account  of  all  receipts 
and  expenditures,  in  such  a manner  as  the  City  Council  shall 


CHARTER. 


9 


direct;  and  he  shall  have  power  to  adiniiiister  any  oath  required 
to  be  taken  by  this  act. 

§ 10.  It  shall  be  the  duty  of  the  City  Attorney  to  perform  all 
professional  services  incident  to  his  office,  and  when  required,  to 
furnish  written  opinions  upon  questions  and  subjects  submitted 
to  him  by  the  Mayor  or  the  City  Council  or  its  Committees. 

§ 11.  The  City  Treasurer  shall  collect  all  taxes  and  assess- 
ments which  may  be  levied  by  the  City  Council;  he  shall  receive 
all  moneys  belonging  to  the  city,  and  shall  keep  an  accurate  ac- 
count of  all  receipts  and  expenditures,  in  such  a manner  as  the 
City  Council  shall  direct.  All  moneys  shall  be  drawn  from  the 
treasuiy  in  pursuance  of  an  order  by  the  City  Council,  by  a treas- 
ury warrant,  signed  by  the  Mayor  or  presiding  officer  of  the  City 
Council,  and  countersigned  by  the  City  Clerk.  The  Treasurer 
shall  exhibit  to  the  City  Council,  at  least  twenty  days  before  the 
annual  election  of  each  year,  and  oftener,  if  required,  a full  and 
detailed  account  of  all  receipts  and  expenditures  since  the  date 
of  the  last  annual  report,  and  also  the  state  of  the  treasury;  which 
shall  be  filed  in  the  office  of  the  Clerk. 

§ 12.  The  City  Marshal  shall  hold  his  office  for  one  year,  and 
he  shall  not  be  eligible  to  said  office  for  moi’e  than  three  years  in 
succession;  and  shall  perform  such  duties  as  shall  be  prescribed 
by  the  City  Council  for  the  preservation  of  the  public  peace,  the 
collection  of  license  moneys,  fines  or  othei-wise;  he  shall  possess 
the  powers  and  authority  of  a Constable  at  common  law,  and 
under  the  statutes  of  the  State,  and  receive  like  fees,  but  shall 
not  serve  civil  process,  without  first  entering  into  bond  as  such 
constable,  to  be  approved  by  the  City  Council,  payable  to  said 
city,  as  in  other  cases;  he  shall  execute  and  return  all  process 
issued  by  any  proper  officer  under  this  act  or  any  ordinance  in 
pursuance  thereof. 

^ Id.  The  City  Engineer  or  Surveyor  shall  have  the  sole 
power  under  the  discretion  and  control  of  the  City  Council  to 
survey  within  the  city  limits;  and  he  shall  be  governed  by  such 
rules  and  ordinances,  and  receive  such  fees  and  emoluments  for 
his  services  as  the  City  Council  shall  direct  and  prescribe;  he 
shall  possess  the  same  powers  in  making  plats  and  surveys  within 
the  city,  as  is  given  by  law  to  County  Surveyors,  and  the  like 
effect  and  validity  shall  be  given  to  his  acts,  and  to  all  plats  and 
surveys  made  by  him,  as  are  or  may  be  given  by  law  to  the  acts 
or  plats  and  surveys  of  the  County  Surveyor;  he  shall,  when  re- 
quired, superintend  the  construction  of  all  public  work  ordered 
by  the  city,  make  out  the  plans  and  estimates  thereof  and  con- 
tract for  the  erection  of  the  same;  he  shall  perform  all  surveying 
and  engineering  ordered  by  the  City  Council,  shall,  under  their 


10 


C H A R T E K . 


direction,  establish  the  grades  and  boundaries  of  streets  and  alleys, 
but  such  plans,  estimates  and  contracts,  grades  and  boundaries 
shall  be  first  reported  to  the  City  Council  and  approved  by  them 
or  they  shall  not  be  valid. 

§ 14.  The  Assessor  shall  perform  all  duties  in  relation  to  the 
assessing  of  pro})erty,  for  the  purpose  of  levying  the  taxes  Jin- 
posed  by  the  City  Council.  In  the  performance  of  his  duties  he 
shall  have  the  same  ])owers  as  are  or  may  be  given  by  law  to 
County  or  Town  Assessors,  and  be  subject  to  same  liabilities.  On 
completing  the  assessment  lists  and  having  revised  and  corrected 
the  same,  he  shall  sign  and  return  them  to  the  City  Council. 

§ 15.  The  Street  Commissioner  shall  superintend  all  local  im- 
provements in  the  city,  and  carry  into  effect  all  orders  of  the  City 
Council  in  relation  thereto.  It  shall  be  his  duty  to  superintend 
and  supervise  the  opening  of  streets  and  alleys,  and  the  grading, 
improving  and  opening  thereof,  and  the  construction  and  repair- 
ing of  bridges,  culverts  and  sewers;  to  order  the  laying  and  re- 
laying and  repairing  of  sidewalks;  to  give  notice  to  the  owners  of 
property  adjoining  such  sidewalks,  when  recpiired,  and  upon  the 
failure  of  any  ])erson  to  comply  with  such  notice  to  cause  the 
same  to  be  laid  or  relaid  or  repaired,  and  apportion  the  cost 
thereof  among  the  persons  or  lots  properly  chargeable  therewith, 
and  deliver  the  account  thereof  to  the  City  Clerk,  to  be  laid  be- 
fore the  City  Council;  to  make  plans  and  estimates  of  any  work 
ordered  in  relation  to  streets  and  alleys,  culverts  or  sewers;  to 
keep  full  and  accurate  accounts,  in  appropriate  books,  of  all  ap- 
propriations made  for  work  pertaining  to  his  office,  and  of  all  dis- 
bursements tliereof,  specifying  to  whom  made  and  on  what  ac- 
count, and  lie  shall  render  monthly  accounts  thereof  to  the  City 
Council. 

^ 16.  The  City  Council  shall  have  power,  from  time  to  time, 
to  reipiire  further  and  other  duties  of  all  officers  whose  duties  are 
herein  prescribed,  and  prescribe  the  powers  and  duties  of  all 
officers  elected  or  appointed  to  any  office  under  this  act,  whose 
duties  are  not  herein  specified,  and  fix  their  compensation.  They 
may,  also,  require  all  officers,  severally,  before  they  enter  upon 
the  duties  of  their  respective  offices,  to  execute  a bond  to  the 
city  of  Galesburg,  in  such  sum  and  with  such  securities  as  they 
may  approve,  conditioned  that  they  shall  faithfully  execute  the 
duties  of  their  respective  offices,  and  account  for  and  pay  over 
and  deliver  all  moneys  and  other  property  received  by  them; 
which  bond,  with  the  approval  of  the  City  Council  certified 
thereon  by  the  Clerk,  shall  be  filed  in  his  office,  and  remain  for 
the  benefit  of  any  person  aggrieved  b\^  the  official  act  of  the 
officer. 


CHARTER. 


11 


§ ]?.  If  any  person,  having-  been  an  officer  of  said  city,  shall 
not,  within  ten  days  after  notification  and  request,  deliver  to  his 
successor  in  office,  all  property,  books,  papers  and  effects  of  every 
description  appertaining  to  his  said  office,  he  shall  forfeit  and  pay, 
for  the  use  of  the  city,  fifty  dollars,  besides  all  damages  and  costs 
caused  by  his  refusal  or  neglect  so  to  deliver;  and  such  successor 
may  recover  possession  of  the  books,  papers  and  effects  belonging 
to  his  office,  in  the  manner  prescribed  by  the  laws  of  the  State. 

§ 18.  All  officers  elected  or  appointed  under  this  act  shall  be 
commissioned  by  warrant,  under  the  corporate  seal,  signed  by  the 
Mayor  or  presiding  officer  of  the  City  Council  and  Clerk. 


ARTICLE  FIFTH. 


OF  THE  LEGISLATIVE  POWERS  OF  THE  CITY  COUNCI L-ITS  GENERAL 

POWERS  AND  DUTIES. 


Section. 

1.  City  Council. 

2.  Meetings. 

3.  Finances. 

First — Borrow  money. 

Neconrf— Appropriations. 

Diseases. 

Fourth— llesiMh. 

Fifth— V^&iev. 

Streets,  &c. 

Seven  < A— Bridges . 

Eighth — Lighting  Streets. 

Nin  — M arkets. 

Tenth— VKihWo,  Grounds. 

Twelfth— Encwmhermg  of  Streets. 
Thirteenth — Tax. 

Fourteenth — Ilackmen. 

Fifteenth— EWVmvA  tables,  &c. 

Sixteenth— 

Seventeenth— of  intoxicating  liquors. 
Nineteenth— Ewichern. 

Twentieth — Weights  and  measures. 


Twenty-flrst-ljwmher,  &c. 
Twenty-second—llay,  &c. 

Twenty-third— Weaf,  &c. 

Twenty-fourth  -Bread. 
Twenty-fifth—EY\c,\iS~. 

Twenty-sixth— VoWcQ. 
Twenty-seventh—'Rioi. 

Twenty-eighth— l\ov<sa-Y&Q,mg. 
Twenty-ninth— 

Thirtieth  -Horses,  &c. 

Thirty-first— disturbance. 
Thirty-second — Nuisances. 

Thirty-fifth— Vixiivi 
Thirty-sixth— EnvinX  of  dead. 
Thirty-seventh — Census. 
Thirty-eighth—Noxfi-\\c)\mc,. 
Thirty-ninth— C&xQ  of  juvenije  vagrants. 
Fortieth— \)x&\n»,  &c. 

Railroad  tracks  and  depots 
within  the  city  -Repairing  of  streets. 
Forty-second— Venice.,  trade,  &c.,  i)rotected 
by  ordinance— Fines  and  penalties. 


Section  1.  The  Mayor  and  Aldermen  shall  constitute  the  City 
Council.  They  shall  meet  and  organize  the  first  Thursday  after 
their  election,  and  shall  meet  at  such  times  and  places  thereafter 
as  they  shall  determine.  The  Mayor,  when  present,  shall  preside 
at  all  meetings  of  the  City  Council,  and  shall  have  only  a casting 
vote;  in  his  absence  any  one  of  the  Aldermen  may  be  appointed 
to  preside.  A majority  of  the  persons  elected  [aldermen]  shall 
constitute  a quorum. 


1-2 


CHART  ER. 


§ 2.  The  City  Council  shall  hold  twelve  stated  meetings,  one 
each  month  during-  the  year,  and  the  Mayor  or  any  two  Aldermen 
may  call  special  meetings  of  the  Council,  served  personally  or  left 
at  their  usual  places  of  abode.  Petitions  and  remonstrances  may 
be  ]n-esented  to  the  City  Council;  and  they  shall  determine  the 
rule  of  their  own  proceeding  and  be  the  judges  of  the  election 
and  ijualilicjition  of  their  own  members;  and  shall  have  power  to 
compel  the  attendance  of  absent  members. 

^ 3.  The  City  Council  shall  have  the  control  of  the  finances 
and  of  the  property,  real,  and  persoiial  and  mixed,  belonging  to 
the  corporation;  and  shall  likewise  have  power  within  the  juris- 
diction of  the  citv,  bv  ordinance: 

— To  borrow  money  on  the  .credit  of  the  city,  and  issue 
bonds  of  the  city  therefor;  but  no  bonds  shall  be  issued  having 
more  than  five  years  to  run;  and  there  shall  never  be  outstanding 
bonds  to  a greater  amount  than  tw’o  per  cent,  of  the  last  assessed 
value  of  the  real  and  personal  property  of  the  city.  It  shall  be 
tlie  duty  of  the  Council  to  provide,  either  by  taxation  or  the  issue 
of  bonds,  for  the  ])ayment  of  all  claims  against  the  city  as  rapidly 
as  such  claims  fall  due.  All  orders  on  the  treasury  shall  be  made 
payable  on  demand.  No  a]ipropriation  shall  be  made  for  any 
public  building  or  other  improvement  out  of  the  general  fund  of 
the  city,  except  in  such  cases  as  where  the  City  Council  shall  not 
have  authority  to  provide  for  the  same  by  special  taxation  levied 
on  the  pro})erty  benefited  thereby,  or  where  the  City  Council 
shall,  l)y  resolution,  declare  that  it  will  be  unjust  and  inequitable 
that  the  property  in  the  vicinity  shall  bear  the  expense  of  such 
ini])rovenient,  and  that  such  improvement  is  required  by  the  gen- 
eral interests  of  the  city.  And  no  appropriation  shall  be  made 
for  any  public  improvements  until  the  expense  of  such  improve- 
ment shall  be  estimated  by  the  proper  officers,  and  unless  it  shall 
be  found  by  such  estimates  and  a statement  of  the  estimated  cost 
of  all  other  public  work  in  progress  and  other  probable  expenses 
of  the  city,  that  all  such  works  can  be  completed  within  due  time 
by  the  ordinary  surplus  revenue  of  the  city,  and  the  issue  of  such 
bonds  as  the  Council  is  by  law  authorized  to  issue. 

Second — To  appropriate  money,  and  to  provide  for  the  pay- 
ment of  the  d^bts  and  expenses  of  the  city. 

Third — To  make  regulations  to  prevent  the  introduction  of 
contagious  diseases  into  the  city;  to  make  quarantine  laws  for 
that  purpose  and  to  enforce  them  within  the  city  and  within  five 
miles  thereof. 

Tourth — To  make  regulations  to  secure  the  general  health  and 
comfort  of  the  inhabitants;  to  prevent,  abate  and  remove  nui- 
sances, and  punish  the  authors  thereof  by  penalties,  fine  and  im- 


CHARTER. 


13 


prisonment;  to  define  and  declare  what  shall  be  deemed  nuisances, 
and  authorize  and  direct  the  summary  abatement  thereol. 

Fifth — To  provide  tlie  city  with  water;  to  make,  regulate  and 
establish  public  wells,  pumps  and  cisterns  by  drains,  hydrants 
and  reservoirs  in  the  streets,  within  the  city,  or  l)eyond  tlie  limits 
thereof,  for  the  exting-uishment  of  fire  and  the  convenience  of  the 
inhabitants,  and  to  prevent  the  unnecessary  waste  of  water. 

Sixth — To  have  the  exclusive  control  and  power  over  the 
streets,  alleys  and  highways  of  the  city,  and  to  abate  and  remove 
any  enroachments  or  obstructions  thereon;  to  open,  alter,  abolish, 
widen,  extend,  straighten,  establish,  i-egulate,  grade,  clean,  or 
otherwise  improve  the  same;  to  put  drains  or  sewers  therein,  and 
prevent  the  encumbering  thereof  in  any  manner,  and  protect  the 
same  from  any  encroachment  or  injury. 

Seventh — To  establish,  erect,  construct,  regulate  and  keep  in 
repair  bridges,  culverts  and  sewers,  sidewalks  and  crossways,  and 
regulate  the  construction  and  use  of  the  same,  and  to  abate  any 
obstruction  or  encroachments  thereof;  to  establish,  alter,  change 
and  straighten  the  chaiinels  of  water  courses  and  natural  drains, 
to  sewer  the  same  or  to  wall  them  up  and  cover  them  over;  and 
to  prevent,  regulate  and  control  the  filling  up,  altering  or  chang- 
ing the  channels  thereof  by  private  persons. 

Eighth — To  provide  for  the  lighting  of  the  streets  and  erect- 
ing lamp  posts  and  lamps  therein,  and  regulate  the  lighting 
thereof,  and  from  time  to  time  create,  alter  or  extend  lamp  dis- 
tricts; to  exclusively  regulate,  direct  and  control  the  laying  and 
repairing  of  gas  pipes  and  gas  fixtures  in  the  streets,  alleys  and 
sidewalks. 

Ninth — To  establish  markets  and  market  houses  and  other  pub- 
lic buildings  of  the  city,  and  provide  for  the  government  and  reg- 
ulation thereof,  and  the  erection  and  location  thereof,  and  to  au- 
thorize their  erection  in  the  streets  and  avenues  of  the  city,  and 
the  continuation  of  such  as  are  already  erected  within  the  same. 

Tenth — To  provide  for  the  enclosing,  regulating  and  improv- 
ing all  public  grounds  and  cemeteries  belonging  to  the  city,  and 
to  direct  and  regulate  the  planting  and  preserving  of  ornamental 
and  shade  trees  in  the  streets  and  public  grounds. 

Eleventh — To  erect  and  establish  one  or  more  hospitals  or  dis- 
pensaries, and  control  and  regulate  the  same. 

Twelfth — To  prevent  the  encumbering  of  the  streets,  alleys, 
sidewalks  or  public  grounds  with  carriages,  wagons,  carts,  wheel- 
barrows, boxes,  lumber,  timber,  fire- wood,  [)Osts,  awnings,  signs 
or  any  other  substance  or  material  whatever;  to  comj)el  all  per- 
sons to  keep  the  snow,  ice,  dirt  and  other  rul)bish  from-  the  side- 
walk and  street  gutter  in  front  of  the  premises  occupied  by  tliem. 


14 


CHARTER. 


Thirteenth — To  license,  tax  and  regulate  merchants,  commis- 
sion merchants,  and  all  vendors,  dealers  and  traders  in  any  goods, 
wares,  merchandise,  groceries,  or  liquids,  (alcoholic  liquors  ex- 
cepted only,  as  hereinafter  provided),  and  inn-keepers,  brokers, 
money  brokers,  insurance  brokers,  and  auctioneers,  and  to  im- 
pose duties  upon  the  sale  of  goods  at  auction;  to  liceense,  tax, 
regulate,  suppress  and  prohibit  hawkers,  peddlers,  pawn-brokers, 
grocery-keepers,  and  keepers  of  ordinaries,  theatrical  or  other 
exhibitions,  shows  and  amusements:  Provided^  however^  they  may 
regulate,  tax  and  license  the  keeping  thereof,  if  a majority  of  the 
voters  of  the  city,  at  the  first  city  election,  authorize  them  to  do 
so,  in  the  same  manner  as  is  provided  to  determine  about  the  sale 
of  intoxicating  liquors. 

Fourteenth — To  license,  tax,  regulate  and  suppress  hackmen, 
draymen,  omnibus  drivers,  porters,  and  all  others  pursuing  like 
occupations,  with  or  without  vehicles,  and  prescribe  their  com- 
pensation, and  to  regulate  and  restrain  runners  for  cars,  stages 
and  public  houses. 

Fifteenth — To  prohibit  and  suppress  billiard  tables,  pin  alleys 
and  ball  alleys;  to  suppress  and  restrain  disorderly  houses,  tip- 
pling shops  and  groceries,  bawdy  houses,  gaming  and  gambling 
houses,  lotteries  and  fraudulent  devices  and  practices,  and  all 
playing  of  cards,  dice  and  other  games  of  chance,  with  or  without 
betting,  and  to  authorize  the  destruction  of  all  instruments  and 
devices  used  for  the  purpose  of  gambling. 

Sixteenth — To  authorize  the  proper  officer  of  the  city  to  grant 
and  issue  licenses,  and  to  direct  the  manner  of  issuing  and  regis- 
tering thereof,  and  the  fees  and  charges  to  be  paid  therefor.  No 
license  shall  be  granted  for  more  than  one  year;  and  no  license 
shall  be  granted  for  more  than  thirty  days,  except  with  power  re- 
served to  the  City  Council  to  revoke  such  license  at  pleasure. 
The  City  Council  shall  have  power  to  regulate,  license,  tax,  pro- 
hibit and  punish  the  sale  of  intoxicating,  alcoholic  or  malt  liquors, 
wine,  cider,  beer,  soda  water,  or  all  and  any  drinks  whatever: 
Provided^  hoicever^  the  said  Council  shall  have  no  power  to  author- 
ize the  sale  of  intoxicating  liquors,  except  for  mechanical,  medi- 
cinal, or  religious  purposes,  unless  the  voters  of  said  city  shall,  at 
their  first  election,  to  be  held  as  hereinbefore  provided,  authorize, 
by  a majority  of  the  votes  then  given,  the  Common  Council  to 
authorize  such  sale:  And  it  is  hereby  provided^  that  at  the  said 

election  the  poll  books  then  used  shall  be  provided  with  two  col- 
umns, in  one  of  which  shall  be  set  forth  the  number  of  votes  in 
favor  of  authorizing  the  said  Council  to  exercise  in  their  discre- 
tion, the  power  of  licensing  the  sale  of  intoxicating  drinks;  and 
on  the  other  shall  be  set  forth  the  number  of  votes  against  author- 


CHARTER. 


15 


izing  the  said  Council  to  grant  such  license  as  above  provided. 
And  if  it  shall  appear  that  a majority  of  the  votes  polled  are  in 
favor  of  authorizing  the  Common  Council  to  grant  licenses,  in 
their  discretion  as  aforesaid,  then  said  Council  shall  henceforth 
have  as  full  powers  as  though  the  written  proviso  were  not  a part 
of  this  charter;  but  if  no  such  majority  shall  appear,  then  the 
power  of  the  Common  Council  shall  henceforth  be  restricted  as 
provided  in  the  above  written  proviso. 

Seventeerith — To  regulate  the  license  and  tax  the  keeping  and 
sale  by  druggists  or  other  persons  authorized  by  the  City  Coun- 
cil, of  alcoholic  liquors,  for  sacramental,  mechanical  or  medicinal 
purposes;  but  to  no  other  persons  and  for  no  other  use  or  pur- 
pose whatsoever,  except  as  hereinafter  provided. 

Eighteenth — To  prevent,  restrain  and  punish  forestalling  and 
regrating;  to  regulate  the  inspection  and  vending  of  fresh  meats, 
poultry  and  vegetables,  of  butter,  lard,  and  other  provisions,  and 
the  place  and  manner  of  selling  fish  and  inspecting  the  same. 

Nineteenth — To  regulate,  license  and  prohibit  butchers,  and  to 
revoke  their  licenses  for  malconduct  in  the  course  of  trade. 

Twentieth — To  establish  standard  weights  and  measures,  and 
regulate  the  weights  and  measures  to  be  used  within  the  city  in 
all  cases  not  otherwise  provided  by  law;  to  require  all  traders  or 
dealers  in  merchandise  or  property  of  any  description,  which  is 
sold  by  measure  or  weight,  or  to  cause  their  measures  and  weights 
to  be  tested  and  sealed  by  the  City  Sealer,  and  to  be  subject  to 
his  inspection.  The  standard  of  such  weights  aiid  measures  shall 
be  conformable  to  those  established  by  law  and  ordinance. 

Tioenty-first — To  regulate  and  provide  for  the  inspecting  and 
measuring  of  lumber,  shingles,  timber,  posts,  staves,  heading  and 
all  kinds  of  building  material,  and  for  the  measuring  of  all  kinds 
of  mechanical  work,  and  to  appoint  one  or  more  inspectors  of 
measures. 

Twenty -second — To  provide  for  the  inspection  and  weighing  of 
hay,  lime  and  stone-coal,  and  the  place  and  manner  of  selling  the 
same;  to  regulate  the  measurement  of  fire- wood,  charcoal  and 
other  fuel,  to  be  sold  or  used  within  the  city,  and  the  place  and 
manner  of  selling  the  same. 

Twenty-third — To  regulate  the  inspection  of  beef,  pork,  flour, 
meal,  and  other  provisions;  salt,  whisky  and  other  liquors  to  be 
sold  in  barrels,  hogsheads  and  other  vessels  and  packages;  to  ap- 
point, weighers,  gaugers  and  inspectors,  and  [)rescril)c  their  du- 
ties and  regulate  their  fees:  Prodded^  that  nothing  herein  con- 

tained shall  be  so  construed  as  to  recjuire  the  ins{)ection  of  any 
articles  enumerated  herein  which  are  to  be  sliipped  beyond  the 
limits  of  the  State,  except  at  the  re({uest  of  the  owner  thereof,  or 
his  agent. 


16 


CHARTER. 


Tioenty -fourth — To  regulate  the  weight  and  quality  of  bread  to 
l)e  sold  or  used  within  the  city,  and  the  inspection  thereof. 

Twenty-ffth — To  regulate  the  size  and  quality  of  bricks  to  be 
sold  or  used  within  the  city,  and  the  inspection  thereof. 

Twenty-sicth — To  create,  establish  and  regulate  the  policy  of 
the  city;  to  appoint  watchmen  and  policemen,  and  prescribe  their 
duties  and  powers. 

T uaenty -seventh — To  prevent  and  suppress  any  riot,  atfray, 
noise,  disturbance  or  disorderly  assembly,  in  any  public  or  private 
place  within  the  city. 

T iventy-eiyhth — To  prohibit,  prevent  and  suppress  horse-racing, 
immoderate  riding  or  driving  in  the  city,  and  to  authorize  persons 
immoderately  riding  or  driving  as  aforesaid,  to  be  stopped  by  any 
person;  to  prohibit,  and  punish  the  abuse  of  animals;  to  compel 
persons  to  fasten  their  horses  or  other  animals  attached  to  vehicles 
or  otherwise,  while  standing  or  remaining'  in  the  streets. 

7\oenty-ninth — To  restrain  and  punish  vagrants,  mendicants, 
street  beggars  and  prostitutes,  and  provide  for  the  arrest  and 
punishment  of  persons  found  intoxicated  in  the  streets  or  public 
places. 

Thirtieth — To  regulate  restrain  or  prohibit  the  running  at 
large  of  horses,  cattle,  asses,  mules,  swine,  sheep,  goats  and  geese, 
and  to  authorize  the  distraining,  impounding  and  sale  of  the  same, 
for  the  costs  of  the  proceeding  and  the  penalty  incurrred,  and  to 
impose  penalties  on  the  owners  thereof  for  a violation  of  any  or- 
dinance in  relation  thereto;  to  regulate,  restrain  and  prohibit  the 
running  at  large  of  dogs,  and  to  authorize  their  destruction  when 
at  large  contrary  to  ordinance,  and  to  impose  penalties  on  the 
owners  or  keepers  thereof. 

Thirty-first — To  prohibit  and  restrain  the  rolling  of  hoops,  fly- 
ing of  kites,  or  any  other  amusements  or  practices  tending  to 
annoy  persons  passing  on  the  streets  or  sidewalks,  or  to  frighten 
horses  and  teams;  to  restrain  and  prohibit  the  ringing  of  bells, 
blowing  of  horns  or  bugles,  crying  of  goods,  or  [and]  all  other 
noises,  performances  and  practices  tending  to  the  collecting  of 
persons  on  the  streets  or  sidewalks,  by  auctioneers  and  others, 
for  the  purpose  of  business,  amusement  or  otherwise. 

Thirty -second — To  abate  all  nuisances  which  may  injure  or 
affect  the  public  morals,  health  or  comfort,  in  any  manner  they 
may  deem  expedient. 

Thirty-third — To  do  all  acts  and  make  all  regulations  which 
may  be  necessary  or  expedient  for  the  protection  and  promotion 
of  health  and  the  suppression  of  disease. 

dliirty-fiourth — To  compel  the  owner  of  any  grocery,  cellar, 
soap  or  tallow  chandler,  or  blacksmith  shop,  tanneries,  stable. 


CHARTER. 


17 


privy,  sewer  or  any  other  unwholesome  or  nauseous  house  or 
place,  to  cleanse,  remove  or  abate  the  same  as  may  be  necessary 
for  the  health,  cotnfort  and  convenience  of  the  inhabitants. 

Thirty -fifth — To  direct  the  location  and  regulate  the  manage- 
ment and  construction  of  breweries,  tanneries,  blacksmith  shops, 
founderies,  livery  stables  and  packing  houses;  to  direct  the  loca- 
tion and  regulate  the  management  and  construction  of,  and  re- 
strain, abate  and  prohibit,  within  the  city,  and  to  the  distance  of 
one  mile  from  the  limits  thereof,  distilleries,  slaughtering  estab- 
lishments, establishments  for  [steaming]  or  rendering  lard,  tal- 
low, oftal  and  such  other  substances  as.  may  be  rendered,  and  all 
other  establishments  or  other  places  where  any  nauseous,  olFen- 
sive  or  unwholesome  business  may  be  carried  on. 

Thirty-sixth — To  regulate  the  burial  of  dead:  to  establish  one 
or  more  cemeteries;  to  regulate  the  registration  of  biiths  and 
deaths;  to  direct  the  returning  and  keeping  of  bills  of  mortality, 
and  to  impose  penalties  on  physicians  and  sextons,  and  others, 
for  any  default  in  the  premises. 

Thirty-seventh — To  provide  for  the  taking  an  enumeration  of 
the  inhabitants  of  the  city. 

Thirty-eighth — To  erect  and  establish  a work- house  or  house 
of  correction,  make  all  necessary  regulations  therefor,  and  appoint 
all  necessary  keepers  or  assistants  in  such  work-house  or  house  of 
correction,  in  which  may  be  confined  all  vagrants,  stragglers,  idle 
and  disorderly  persons,  who  may  be  committed  thereto  by  any 
proper  officers,  and  all  persons  sentenced  by  any  criminal  court 
or  magistrate  court,  in  and  for  the  city,  for  any  assault  and  bat- 
tery, petit  larceny  or  other  misdemeanor  or  breach  of  ajiy  ordi- 
nance of  the  city,  punishable  by  imprisonment  in  any  county  jail; 
and  any  person  who  shall  fail  or  neglect  to  pay  any  fine,  penalty, 
or  costs  imposed  by  any  ordinance  of  the  city,  for  any  misde- 
meanor or  breach  of  any  ordinance  of  the  city,  may,  instead  of 
being  committed  to  the  county  jail  of  Knox  county,  be  kept 
therein,  subject  to  labor  and  confinement. 

Thirty-ninth — To  authorize  and  direct  the  taking  up,  and  pro- 
viding for  the  safe-keeping  and  education,  for  such  periods  of 
time  as  may  be  deemed  expedient,  of  all  children  who  are  desti- 
tute of  proper  parental  care. 

Fortieth — To  fill  up,  drain,  cleanse,  alter,  relay,  repair  and 
regulate  any  grounds,  lots,  yards,  cellars,  private  drains,  sinks 
and  privies,  direct  and  regulate  their  construction,  and  cause  the 
expenses  thereof  to  be  assessed  and  collected  in  the  same  manner 
as  sidewalk  assessments. 

Forty-first — To  direct  and  control  the  laying  and  construction 
of  railroad  tracks,  brjdges,  turn-outs  and  switches,  in  the  streets 


18 


CHARTER. 


and  alleys,  and  the  location  of  depot  grounds  within  the  city;  to 
require  that  railroad  tracks,  bridges,  turn-outs  and  switches 
shall  be  so  constructed  and  laid  out  as  to  interfere  as  little  as 
possible  with  the  ordinary  travel  and  use  of  the  streets  and  alleys, 
and  that  sufficient  space  shall  be  left  on  either  side  of  said  tracks 
for  the  safe  and  convenient  passage  of  teams  and  persons;  to  re- 
quire railroad  companies  to  keep  in  repair  the  streets  through 
which  their  tracks  may  run;  and  to  construct  and  keep  in  repair 
suitable  crossings  at  the  intersections  of  streets  and  alleys,  and 
sewers,  and  ditches  and  culverts,  when  the  City  Council  shall 
deem  necessary;  to  direct  and  prohibit  the  use,  and  regulate  the 
speed  of  locomotive  engines  within  the  inhabited  portions  of  the 
city;  to  prohibit  and  restrain  railroad  companies  from  doing 
storage  or  warehouse  business,  or  collecting  pay  for  storage. 

Forty-second — The  City  Council  shall  have  power  to  pass,  pub- 
lish, amend  and  repeal  all  ordinances,  rules  and  police  regulations, 
not  contrary  to  the  constitution  or  laws  of  the  United  States,  or 
of  this  State,  for  the  good  government,  peace  and  order  of  the 
city,  and  the  trade  and  commerce  thereof,  that  may  be  necessary 
or  proper  to  carry  into  effect  the  powers  vested  by  this  act  in  the 
corporation,  the  city  government  or  any  department  or  office 
thereof;  to  determine  what  shall  [be  a]  nuisance,  and  provide  for 
the  punishment,  removal  and  abatement  of  the  same;  to  enact 
and  enforce  the  observance  of  all  such  rules,  ordinances  and  police 
regulations,  and  to  punish  violations  of  the  same  by  fines,  penal- 
ties and  imprisonment  in  the  county  jail,  city  prison  or  work- 
house,  or  both,  in  the  discretion  of  the  court  or  magistrate  before 
whom  conviction  may  be  had;  but  no  fine  or  penalty  shall  exceed 
five  hundred  dollars;  nor  the  imprisonment  six  months,  for  any 
offense;  and  such  fine  or  penalty  may  be  recovered,  with  costs, 
in  an  action  of  debt,  in  the  name  or  for  the  use  of  the  city,  before 
any  court  having  jurisdiction,  or  by  presentment  or  indictment  in 
the  Circuit  Court;  and  any  person  upon  whom  any  fine  or  penalty 
is  imposed,  shall  stand  committed  until  the  payment  of  the  same 
and  costs;  and  in  default  thereof,  may  be  imprisoned  in  the 
county  jail,  city  prison,  work-house,  or  required  to  labor  on  the 
streets  or  other  public  works  of  the  city,  for  such  time  and  in 
such  mannei'  as  may  be  provided  by  ordinance. 


CHARTER. 


19 


ARTICLE  SIXTH. 

OF  TAXATION. 

General  Taxes.  | Second— and  Street  Taxes. 

Section  1.  The  City  Council  shall  have  power,  within  the 
city,  by  ordinance. 

First — To  levy  and  collect,  annually,  [taxes]  on  all  real  and 
personal  estate  and  property,  within  the  city,  and  all  personal 
property  of  the  inhabitants  thereof  made  taxable  by  the  laws  of 
the  State  for  State  purposes,  to  defray  the  general  and  contin- 
gent expenses  of  the  city,  not  herein  otherwise  provided  for; 
which  taxes  shall  constitute  the  general  fund. 

ISecond — To  require  every  male  resident  of  the  city,  over  the 
age  of  twenty-one  years  and  under  fifty  years,  to  labor  three  days 
in  each  year  upon  the  streets  and  alleys  of  the  city;  but  any  per- 
son may,  at  his  option  pay,  in  lieu  thereof,  one  dollar  for  each 
day  required:  Provided^  the  same  shall  be  paid  within  ten  days 
after  notification  by  the  Street  Commissioner.  In  default  of  pay- 
ment, as  aforesaid,  the  sum  of  three  dollars  and  costs  may  be  col- 
lected and  no  set-off  shall  be  allowed  in  any  suit  brought  to 
collect  the  same. 


ARTICLE  SEVENTH. 


OF  ASSESSMENTS  FOR  OPENING  STREETS  AND  ALLEYS. 


Section. 

1.  Power  to  open  streets,  etc. 

2.  Notice  to  be  given  of  opening  of  streets. 

3.  Buildings  to  be  removed  that  interfere 

with  improvements  of  streets,  and 
damages  assessed. 

4.  Notice. 

5.  Sale  of  such  building. 


Section. 

6.  Mode  of  assessing  damages. 

7.  Public  notice  in  certain  cases. 

8.  Power  of  City  Council  to  appoint  Com- 

missioners and  remove  the  same. 

9.  Damages  to  be  paid  before  street  is 

opened. 

10.  Appeals. 

11.  Proceedings  against  minors. 


Section  1.  The  City  Council  shall  have  power,  upon  the  ])eti- 
tion  of  the  owners  of  two-thirds  of  the  property  fronting  thereon, 
and,  without  such  petition,  by  the  unanimous  vote  of  the  City 
Council,  to  open  and  lay  out  public  grounds  or  squares,  streets, 
alleys  and  highways,  or  sections  thereof,  and  to  alter,  widen,  con- 
struct straighten  and  discontinue  the  same;  but  no  street,  alley 
or  highway,  or  any  part  thereof,  shull  be  discontinued  or  con- 
tracted without  the  consent,  in  writing,  of  all  persons  owning 
land  or  lots  adjoining  said  street,  alley  or  highway.  The  City 


20 


CHARTER. 


Council  shall  cause  all  streets,  alleys  and  highways,  or  public 
squares  and  grounds,  laid  out  by  them,  to  be  surveyed,  described 
and  recorded  in  a book  to  be  kept  l)y  the  Clerk,  showing  accu- 
rately and  particularly  the  proposed  improvements  and  the  real 
estate  required  to  be  taken;  and  the  same,  w'hen  opened  and  made, 
shall  be  public  highways  and  public  squares. 

§ 2.  Whenever  any  street,  alley  or  highway,  public  ground  or 
square,  is  projDOsed  to  be  laid  out,  opened,  altered,  widened,  or 
straightened,  by  virtue  hereof,  and  the  amount  of  compensation 
cannot  be  agreed  upon,  the  City  Council  shall  give  notice  of  their 
intention  to  appropriate  and  take  the  land  necessary  for  the  same 
to  the  owner  thereof,  by  publishing  said  notice  by  two  insertions 
in  a weekly  paper,  or  six  insertions  in  a daily  paper,  in  the  newspa- 
per publishing  the  ordinances  of  the  city;  at  the  expiration  of  which 
time  they  shall  appoint  three  disinterested  freeholders,  residing 
in  the  city,  as  commissioners,  to  ascertain  and  assess  the  damages 
and  recompense  due  the  owmers  of  said  real  estate,  respectively, 
and  at  the  same  time,  determine  what  persons  will  be  beneiitted 
by  such  improvement,  and  assess  the  damages  and  expenses 
thereof,  on  the  real  estate  in  the  neighborhood  of  the  improve- 
ment beneiitted  thereby,  in  proportion,  as  near  as  may  be,  to  the 
benefits  resulting  to  each.  A majority  of  the  Councilmeii  author- 
ized by  law  to  be  elected,  shall  be  necessary  to  a choice  of  com- 
missioners. The  commissioners  shall  be  sworn  faithfully  and 
impartially  to  execute  their  duties,  to  the  best  of  their  abilities, 
before  entering  upon  their  duties;  they  shall  give  at  least  five 
days’  personal  notice  of  the  time  and  place  of  their  meeting  for 
the  purposes  of  viewing  the  premises  and  making  their  assess- 
ments; which  notice  shall  be  given  only  to  the  owners  who  are 
residents  thereof  and  known.  They  shall  view  the  premises,  and, 
in  their  discretion,  receive  any  legal  evidence,  and  may,  if  neces- 
sary, adjourn  from  day  to  day. 

§ 3.  If  there  should  be  any  buildings  standing,  in  whole  or  in 
part,  upon  the  land  to  be  taken,  the  commissioners,  before  pro- 
ceeding to  make  their  assessment,  shall  first  estimate  and  deter- 
mine the  whole  value  of  such  building  to  the  owner,  aside  from 
the  value  of  the  land,  and  the  actual  injury  to  him  in  having  such 
building  taken  from  him;  and  secondly,  the  value  of  such  build- 
ing to  him,  to  remove. 

§ 4.  At  least  five  days’  notice  shall  be  given  to  the  owner, 
of  such  determination,  when  known  and  a resident  of  the  city, 
wliich  may  be  given  personall}",  or  in  writing  left  at  his  usual 
place  of  abode.  If  a non-resident,  or  unknown,  like  notice  to  all 
persons  interested  shall  be  given,  by  one  publication  in  the  news- 
paper publishing  the  ordinances  of  the  city.  Such  notice  shall 


CHARTER. 


21 


specify  the  buildings  and  the  award  of  the  commissioners.  It 
shall  also  require  the  persons  interested  to  appear,  by  a day 
named  therein,  not  exceeding  thirty  days,  or  give  notice  of  their 
election  to  the  City  Council,  either  to  accept  the  award  of  the 
commissioners,  and  allow  such  building  to  be  taken,  with  the 
land  condemned  or  appropriated,  or  of  their  intention  to  receive 
such  building  at  the  value  set  thereon  by  the  commissions,  to 
remove.  If  the  owner  shall  agree  to  remove  such  building,  he 
shall  have  reasonable  time  for  that  purpose  as  the  City  Council 
may  direct. 

§ 5.  If  the  owner  refuses  to  take  the  building  at  its  appraised 
value,  to  remove,  or  fail  to  give  notice  of  his  intention  as  afore- 
said, within  the  time  prescribed,  the  City  Council  shall  have 
power  to  direct  the  sale  of  such  building,  at  public  auction,  for 
cash,  or  on  a credit,  giving  five  days’  public  notice  of  the  sale. 
The  proceeds  of  the  sale  shall  be  paid  to  the  owner  or  deposited 
to  his  use. 

§ 6.  In  making  their  assessment,  the  said  commissioners  shall 
ascertain  the  value  of  the  land  taken,  and  all  expenses  of  the 
improvement  and  damages  occasioned  tliereby,  and  then  assess 
upon  the  property  in  the  neighborhood  benefitted,  in  fair  propor- 
tions, a sum  sufficient  to  cover  the  whole  amount  thereof;  which 
shall  be  yjaid  by  the  owtiers,  respectively,  and  be  a lien  upon  the 
property  upon  which  it  may  be  assessed,  and  collected  as  other 
taxes  are  collected,  by  sale  of  the  land,  or  otherwise.  The  value 
of  the  land  taken  from  any  owner  shall  be  a credit  to  him  on  the 
assessment  against  him  for  his  share  of  the  improvement;  and,  if 
more,  the  difference  sliall  be  ]Kiid  him  in  money' before  the  land 
is  taken.  Said  commissioners  shall  particularly  describe  the 
land  and  parcels  on  which  either  assessment  may  be  made,  and 
make  a return  of  their  proceedings  and  assessments  to  the  City 
Council,  within  ten  days  after  its  completion. 

§ 7.  The  Clerk  shall  give  ten  days’  notice,  by  one  publication 
in  the  newspaper  publishing  the  ordinances  of  the  city,  that  such 
assessment  has  been  returned,  and  on  the  day  to  l)c  specified 
therein,  will  be  acted  upon  by  the  C’ity  Council,  unless  objections 
are  made  to  the  same  by  some  person  interested.  Olqections 
may  be  heard  before  the  City  Council,  and  the  hearing  may  be 
adjourned  from  day  to  day.  The  Council  shall  have  power,  in 
their  discretion,  to  alter,  confirm  or  annul  the  assessment.  If 
annulled,  all  the  proceedings  shall  be  void.  If  altered  or  con- 
firmed, an  order  shall  be  entered,  directing  a warrant  to  issue  for 
the  collection  thereof. 

§ 8.  The  City  Council  shall  have  power  to  remove  tlui  com- 
inissioricrs,  and,  from  time  to  time,  appoint  others  in  place  of 


CH  ARTEK. 


such  as  may  be  removed,  refuse,  neglect,  or  are  unable,  from  any 
cause,  to  serve. 

§ 0.  The  land  required  to  be  taken  for  the  making,  opening, 
widening,  straightening  or  altering  an-y  street,  alley  or  other  high- 
way or  public  ground,  or  square,  shall  not  be  appropriated  until 
the  damages  awarded  therefor,  to  any  owner  thereof,  under  this 
act,  shall  be  paid  or  tendered  to  such  owner  or  his  agent,  or  in 
case  such  owner  or  agent  cannot  be  found  in  the  city,  deposited 
to  his  or  their  credit,  in  some  safe  place  of  deposit,  other  than 
the  hands  of  the  treasurer;  and  then,  and  not  before,  such  lands 
may  be  taken  and  appropriated  for  the  purpose  required  in  mak- 
ing such  improvements;  and  such  streets,  alleys  or  other  highways 
or  public  ground  may  be  made  and  opened. 

g 10.  Any  person  interested  may  appeal  from  any  final  order 
of  the  City  Council  for  opening,  widening,  altering  or  straighten- 
ing any  street,  alley  or  other  highway  or  public  ground,  to  the 
police  court  or  Circuit  Court.  After  the  passage  of  said  final 
order,  said  court  to  determine  such  appeal,  and  confirm  or  annul 
the  proceedings;  from  which  appeal  no  judgment  or  writ  of  error 
shall  lie.  Upon  trial  of  the  appeal,  all  questions  involved  in  said 
proceedings,  including  the  amount  of  damages  shall  be  open  to 
investigation,  by  affidavit  or  oral  testimony  adduced  to  the  court, 
or  upon  applications  of  the  city,  or  any  party,  the  amount  of 
damages  may  be  assessed,  by  a jury,  in  said  court,  without  for- 
mal pleadings,  and  judgment  rendered  accordingly.  The  court 
shall  not  set  aside  the  proceedings  or  final  order  of  the  Council, 
for  any  omission  or  informality,  without  injury  has  resulted 
therefrom. 

§ 11.  ^Yhen  any  owner  known,  or  other  person  having  an  in- 
terest in  any  real  estate,  residing  in  the  city  or  elsewhere,  shall 
be  an  infant,  and  any  proceedings  shall  be  had  under  this  act, 
the  judge  of  the  Circuit  Court,  or  any  judge  of  a court  of  record, 
may,  upon  the  application  of  the  City  Council,  or  such  infant,  or 
his  next  friend,  appoint  a guardian  for  such  infant,  taking  security 
from  such  guardian  for  the  faithful  execution  of  such  trust:  and 
all  notices  and  summons  required  by  this  act  shall  be  served  on 
such  guardian,  and  the  final  determination  of  either  the  Common 
Council  or  court  in  the  premises  shall  be  conclusive  on  such  in- 
fant, and  the  proceedings  shall  not  be  opened  at  any  time  there- 
after. 


CHARTER. 


23 


ARTICLE  EIGHTH. 

PUBLIC  IMPROVEMENTS,  AND  ASSESSMENTS  THEREFOR. 

Section.  Section. 

1.  Power  to  improve  Streets,  Scxuares,  &c.  3.  Removal  of  Nuisances. 

2.  City  Taxes. 

Section  1.  The  City  Council  shall  have  power,  from  time  to 
time,  upon  the  petition  of  the  owners  of  two-thirds  of  the  property 
fronting  thereon,  or  without  such  petition,  by  the  unanimous  vote 
of  the  Council,  to  cause  any  street,  alley  or  other  highway  or  sec- 
tion thereof,  to  be  graded,  regraded,  leveled,  paved  or  planked, 
and  keep  the  same  in  repair,  and  alter  and  change  the  same;  to 
cause  side  and  cross  walks,  main  drains  and  sewers,  and  private 
drains  or  sections  thereof,  to  be  constructed  and  laid,  relaid 
cleansed  and  repaired,  and  regulate  the  same;  to  grade,  improve, 
protect  and  ornament  any  public  square  or  other  public  ground 
now  or  hereafter  laid  out. 

§ 2.  The  City  Council  shall  have  power  to  assess  and  collect 
of  the  owners  of  lots  or  real  estate  on  any  street  or  other  highway, 
or  any  part  thereof,  in  the  same  manner  as  other  city  taxes,  or  in 
such  a manner  as  may  be  prescribed  by  ordinance,  all  expenses 
or  damages  for  the  purpose  of  grading,  paving  or  planking  such 
street,  sidewalk,  pavement  or  other  highway.  All  owners  or 
occupants  of  lots  or  lands  in  front  of,  or  adjoining,  or  upon  whose 
premises  the  City  Council  shall  order  and  direct  sidewalks  or 
private  drains  or  gutters,  communicating  with  any  main  drain,  to 
be  constructed,  graded,  paved,  planked,  repaired,  relaid  or 
cleansed,  or  shall  declare  any  such  lands  or  lots  to  be  nuisances, 
and  order  the  same  to  be  graded,  filled  up  and  drained,  or  other- 
wise improved,  shall  make,  grade,  pave,  plank,  repair  or  relay 
such  sidewalk,  or  make  or  cleanse  such  private  drain,  or  grade, 
fill  up,  drain  or  otherwise  improve  such  lot  or  land,  at  their  own 
cost  atul  charges,  within  the  time  and  in  manner  prescribed  by 
ordinance  or  otherwise;  and  if  not  done  within  the  time  and  in 
the  manner  prescribed,  the  City  Council  may  cause  the  same  to 
be  constructed,  paved,  planked,  repaired,  relaid,  cleansed,  filled 
up,  graded,  drained  or  otherwise  improved,  and  assess  the  expense 
and  damage  thereof  by  an  order  to  be  entered  in  their  proceed- 
ings, upon  the  lots  and  lands  respectively,  and  collect  the  same, 
by  warrant  and  sale  of  the  premises,  as  in  other  cases.  A suit 
may  also  be  maintained  against  the  owner  of  such  premises,  for 
the  recovery  of  such  expenses,  as  for  money  p.aid  and  laid  out  to 
his  use  {)d  his  request. 


24 


CHARTER. 


§ 3.  Ill  all  cases  where  expenses  may  be  incurred  in  the  re- 
moval of  any  nuisance,  the  City  Council  may  cause  the  same  to  be 
assessed  against  the  real  estate  chargeable  therewith,  in  the 
same  manner  prescribed  in  the  foregoing  section.  Such  expenses 
may  be  likewise  collected  by  the  owner  or  occupant  of  such 
premises,  in  a suit  for  money  expended  to  his  or  their  use;  and 
in  case  the  same  should  not  be  chargeable  to  any  real  estate,  suit 
may  in  like  manner  be  brought  for  such  expenses  against  the 
author  of  such  nuisances,  if  known,  or  any  person  whose  duty 
may  be  to  remove  or  abate  the  same. 

§ 4.  The  City  Council  shall  have  power  to  compel  the  owners 
of  lots  or  grounds  fronting  or  adjoining  any  public  or  private 
alley  to  keep  the  same  clean,  and,  if  necessary,  to  direct  the  same 
to  be  paved,  planked  or  otherwise,  and  the  costs  thereof  to  be 
assessed  and  collected  in  the  same  manner  as  sidewalk  assess- 
ments. 


ARTICLE  NINTH. 

COLLECTION  OF  TAXES  AND  ASSESSMENTS. 
Section.  Section. 

1.  Assessment  lists  to  be  returned.  9.  Manner  of  conducting  sales. 

2.  Assessment  list  to  be  filed.  . 10.  Right  of  redemption. 

4.  Warrants  for  taxes.  I 11.  Assignees. 

6.  Treasurer  to  have  powers  of  County  | 

Collectors.  > 


Section  1.  The  annual  assessment  list  shall  be  returned  by 
the  Assessor  on  or  before  the  first  day  of  x\ugust  in  each  year; 
liut  the  time  may  be  extended  by  the  City  Council.  On  the  re- 
turn thereof  the  City  Council  shall  fix  a day  for  hearing  objec- 
tions thereto:  and  the  Clerk  shall  give  one  week’s  notice  of  the 
time  and  place  of  such  hearing,  by  one  publication  in  the  news- 
paper publishing  the  ordinances  of  the  city;  and  any  person  feel- 
ing aggrieved  by  the  assessment  of  his  property,  may  appear  at 
the  time  specified  and  make  his  objections.  The  City  Council 
shall  have  power  to  supply  omissions  in  said  assessment  lists, 
and,  for  the  purpose  of  equalizing  the  same,  to  alter,  add  to,  take 
from,  and  otherwise  correct  and  revise  the  same,  or  to  refer  the 
same  back  to  the  Assessor,  with  instructions  to  revise  and  correct 
the  same;  and  the  Treasurer  shall  have  power  to  add  to  and  sup- 
ply omissions  by  the  Assessor,  after  the  warrant  shall  have  come 
into  his  hands. 

§ 2.  When  the  assessment  lists  have  been  corrected  and  re- 
vised, the  same  shall  be  filed,  and  an  order  confirming  the  same. 


CHARTER. 


25 


and  directing  the  warrant  to  be  issued  for  the  collection  thereof, 
shall  be  entered  by  the  Clerk.  The  City  Council  shall,  there- 
upon, by  an  ordinance  or  resolution,  levy  such  sum  or  sums  of 
money  as  may  be  sufficient  for  the  several  purposes  for  which 
taxes  are  herein  authorized  to  be  levied,  not  exceeding  the  author- 
ized percentage,  and  in  their  discretion  specifying  the  purposes 
for  which  the  same  are  levied,  and,  if  not  for  general  purposes,  the 
division  of  the  city  upon  which  the  same  are  laid. 

§ 3.  All  taxes  and  assessments,  general  or  special,  levied  or 
assessed  by  the  City  Council,  under  this  act,  or  any  ordinance  in 
pursuance  thereof,  shall  be  a lien  upon  the  real  estate  upon  which 
the  same  may  be  imposed,  voted  or  assessed,  for  two  years  from 
and  after  said  first  day  of  August,  and  on  personal  estate  from 
and  after  the  delivery  of  the  warrant  for  the  collection  thereof, 
until  paid;  and  no  sale  or  transfer  shall  affect  the  lien.  Any  per- 
sonal property  belonging  to  the  debtor  may  be  taken  and  sold  for 
the  payment  of  taxes  on  real  estate,  [and  the  real  estate]  shall 
be  liable  for  taxes  on  personal  estate  in  case  of  removal:  Pro- 
vided^  that  in  case  the  collection  of  any  assessment  shall  be  de- 
layed, by  injunction  or  other  judicial  proceedings,  the  same  shall 
continue  a lien,  unless  set  aside,  upon  the  real  estate,  for  the 
period  of  two  years  from  and  after  the  final  disposition  of  such 
injunction  or  other  judicial  proceeding. 

§ 4.  The  Clerk  shall  issue  a warrant  or  warrants  for  the  taxes, 
and  rule  therein  separate  columns,  in  which  the  tax  levied  shall 
be  respectively  set  down  opposite  the  name  of  the  person  or  such 
real  estate  subject  thereto.  Each  column  shall  be  headed  with 
the  name  of  the  tax  therein  set  down. 

§ 5.  All  warrants  issued  for  the  collection  of  general  or 
special  taxes  and  assessments,  shall  be  signed  by  the  Mayor  and 
Clerk,  with  the  corporate  seal  thereto  attached,  and  shall  contain 
true  and  perfect  copies  of  the  corrected  assessment*^ lists  upon 
which  the  same  may  be  collected,  and  shall  be  delivered  to  the 
Treasurer  for  collection,  by  the  first  day  of  October  unless  further 
time  be  given  by  the  City  Council,  of  which  he  shall  give  notice 
by  publication  in  the  newspaper  publishing  the  city  ordinances. 
The  Treasurer  shall,  thereupon,  proceed  to  the  collection  of  said 
taxes;  but  he  shall  in  no  case  be  compelled  to  make  personal  call 
or  demand  for  the  same.  If  not  otherwise  paid  by  the  first  day 
of  January  following,  the  Treasurer  sliall  have  power  to  collect 
said  taxes,  with  interest  and  costs,  by  suit,  iji  tlie  corporate  name 
of  the  city,  or  by  distress  and  sale  of  personal  property.  And  the 
Treasurer  shall  be  a competent  witness,  and  the  warrant  to  him, 
as  aforesaid,  evidence  on  the  part  of  said  city. 

§ 6.  All  taxes  or  assessments,  general  or  special,  shall  be  col- 


26 


CHARTER. 


lected  by  the  Treasurer,  in  the  same  manner  and  with  the  same 
power  and  authority,  as  is  given  by  law  to  the  collectors  of  county 
and  State  taxes;  and  his  duty  in  regard  to  returning  warrants  and 
settling  with  the  city,  and  his  liabilities  in  case  of  default  or  mis- 
conduct, shall  be  the  same  as  prescribed  by  law:  Provided^  the 

City  Council  shall  have  power  to  prescribe  the  powers,  duties  and 
liabilities  of  the  Treasurer  by  ordinance. 

§ 7.  In  case  of  the  non-payment  of  any  taxes  or  assessments, 
levied  or  assessed  under  this  act,  by  the  first  day  of  January  of 
each  year,  the  premises  may  be  sold  at  any  time  thereafter,  within 
two  years.  Before  such  sale  an  order  shall  be  made  by  the  City 
Council,  which  shall  be  entered  at  large  on  the  journals  or  records, 
particularly  describing  the  delinquent  premises  to  be  sold,  and 
the  amount  of  taxes  for  which  the  sale  shall  be  made,  besides  the 
costs,  which  costs  need  not  then  be  ascertained,  and  directing 
sale  thereby  to  be  made  by  the  Treasurer;  a certified  copy  of 
which  order,  under  the  corporate  seal,  signed  by  the  Mayor  or 
presiding  officer  and  Clerk,  shall  be  delivered  to  the  Treasurer, 
and  shall  constitute  the  process  upon  which  such  sale  shall  be 
made. 

§ 8.  The  Treasurer  shall  then  advertise  such  premises,  in  the 
newspaper  publishing  the  ordinances  of  the  city,  for  sale,  at  least 
thirty  days  from  and  after  the  first  publication  of  such  notice, 
describing  the  premises  by  figures  or  otherwise,  with  the  name  of 
the  owner,  when  known,  and  the  several  amounts  of  the  taxes  and 
assessments  thereon  and  costs.  Said  notice  shall  also  contain  the 
time  and  place  of  sale,  and  shall  be  published  at  least  four  times. 
The  proceedings  for  the  sale  of  any  piece  of  ground  may  be 
stopped,  at  any  time,  on  the  payment  of  taxes  and  interest,  with 
expense  of  advertising  the  same. 

§ 9.  All  sales  shall  be  conducted  in  the  manner  required  by 
law;  but  the  City  Council  shall  have  power  to  prescribe  the  man- 
ner of  conducting  the  same.  The  sale  shall  be  made  for  the 
smallest  portion  of  ground,  to  be  taken  from  the  east  side  of  the 
premises,  for  which  any  person  will  take  the  same  and  pay  the 
taxes  or  assessments  thereon,  with  interest,  and  costs  of  sale. 
Duplicate  certificates  of  sale  shall  be  made  and  subscribed  by  the 
Treasurer,  one  of  which  shall  be  delivered  to  the  purchaser,  and 
the  other  filed  in  the  office  of  the  Clerk;  which  certificate  shall 
contain  the  name  of  the  purchaser,  a description  of  the  premises 
sold,  the  amount  of  taxes  or  assessments,  with  the  interest  and 
expenses  for  which  the  same  was  sold,  and  when  the  time  to 
redeem  will  expire.  The  Treasurer  will  be  allowed  the  same 
fees  for  selling  as  are  allowed  by  law  for  similar  services,  or  his 
fees  may  be  regulated  by  ordinance.  The  Clerk  shall  keep  a 


CHARTER. 


27 


record  of  such  sales,  which  shall  be  open  to  the  public  inspec- 
tion at  all  reasonable  times. 

§ 10.  The  right  of  redemption,  in  all  cases  for  sales  for  taxes 
or  assessments,  shall  exist  to  the  owner,  his  heirs,  creditors  or 
assigns,  to  the  same  extent  that  it  is  allowed  by  law  in  cases  of 
sales  of  real  estate  for  taxes,  on  the  payment,  in  specie,  of  double 
the  amount  for  which  the  same  was  sold;  and  all  taxes  accruing, 
chargeable  or  paid  on  the  premises,  subsequent  to  the  sale  with 
interest;  but  infants,  femmes  covert  or  lunatics  shall  have  no 
other  or  further  rights  of  redemption  than  other  persons.  In  case 
of  redemption,  the  money  may  be  paid  to  the  purchaser  or  to  the 
person  entitled  to  the  same,  or  for  him  to  the  City  Clerk,  who 
shall  make  a special  deposit  thereof  with  the  Treasurer,  taking 
his  receipt  therefor.  If  not  redeemed  according  to  law,  the 
council,  shall,  upon  the  return  of  the  certificate,  or  proof  of  its 
loss,  direct  a deed  to  be  executed  to  the  purchaser,  under  the  cor- 
porate seal,  signed  by  the  Mayor  or  presiding  officer  of  the  City 
Council,  and  countersigned  by  the  Clerk,  conveying  to  such  pur- 
chaser the  premises  so  sold  and  unredeemed  as  aforesaid.  An  ab- 
stract of  all  deeds  so  made  and  delivered  shall  be  entered  by  the 
Clerk  in  a book  wherein  tax  sales  are  recorded.  A fee  of  one 
dollar  may  be  charged  by  the  Clerk  for  any  deed  so  issued. 

§ 11.  The  assignee  of  any  tax  certificate  of  any  premises  sold 
for  taxes  or  assessments,  under  authority  of  the  city,  shall  be  en- 
titled to  receive  a deed  of  such  premises  in  his  own  name,  and 
with  the  same  effect  as  though  he  had  been  the  original  purchaser: 
Provided^  he  or  they  through  whom  he  claims  shall  have  paid 
all  taxes  and  assessments  made  since  said  sale  on  said  premises. 

§ 12.  If  at  any  sale  of  real  or  personal  estate,  for  taxes  or 
assessments,  no  bids  shall  be  made  for  any  parcel  of  land,  or  any 
goods  and  chattels,  the  same  shall  be  struck  off  to  the  city,  and 
thereupon  the  city  shall  receive,  in  the  corporate  name,  a certifi- 
cate of  the  sale  thereof,  and  shall  be  vested  with  the  same  rights 
as  other  purchasers  at  such  sales.  All  persons,  before  they  shall 
be  entitled  to  a deed  for  premises  sold  for  the  non-payment  of 
taxes,  shall  comply  with  Section  4,  Article  9,  of  the  Constitution 
of  this  State,  and  shall  produce  to  the  proper  officer  the  proof 
thereof. 

§ 13.  All  sales  of  lands  or  lots  for  non-payment  of  taxes 
contemplated  by  this  act,  and  deeds  made  to  purchasers  or  their 
assigns  for  the  same,  shall  convey  to  the  holder  of  such  deed  a 
perfect  title  in  fee  simple  to  said  land  or  lot,  and  in  all  suits  and 
controversies  in  relation  thereto,  any  person  claiming  such  title 
shall  be  compelled  to  prove  only  the  order  of  the  City  Council 
directing  the  sale,  and  the  process  upon  which  the  sale  was  made, 


2S 


CHARTER. 


as  provided  for  in  Section  7,  of  Article  9,  of  this  act;  and  any  per- 
son claiming  title  adversely  thereto  shall  be  permitted  to  defeat 
such  title  by  proving  that  such  land  or  lot  was  not  subject  to  tax- 
ation at  the  time  of  the  assessment,  or  that  the  taxes  were  paid, 
or  land  or  lot  redeemed  according  to  the  provisions  of  this  act; 
but  no  person  shall  be  permitted  to  question  the  title  acquired  by 
said  deed,  without  first  showing  that  he  or  they,  or  those  under 
whom  he  or  they  claim,  have  paid  the  full  amount  of  taxes,  costs, 
expenses  and  assessments  made  on  said  land  or  lot  since  said  sale 
for  taxes,  or  that  the  same  has  been  deposited  with  the  city  Treas- 
urer for  the  use  of  the  one  entitled  to  receive  it. 


ARTICLE  TENTH. 

FIRE  DEPARTMENT. 

Section. 

Eighth — To  regulate  partitions,  walls, 
etc. 

Ninth— Yo  regulate  scuttles  in  roofs. 
Tenth — To  give  authority  at  fires,  etc. 

Eleventh— To  establish  general  regula- 
tions. 

:i.  City  Council  may  procure  fire  engines, 
etc. 

Organizing  fire  companies. 
Second — Fire  companies. 

Regulating  the  same. 

Engineers  of  fire  department. 

Section  1.  The  City  Council,  for  the  purpose  of  guarding 
against  the  calamities  of  fire,  shall  have  power  to  prohibit  the 
erection,  placing  or  repairing  of  wooden  buildings,  within  the 
limits  prescribed  by  them  without  their  permission,  and  direct 
and  prescribe  that  all  buildings  within  the  limits  prescribed  shall 
be  made  or  constructed  of  fire-proof  materials,  and  to  prohibit  the 
rebuilding  of  wooden  buildings;  to  declare  all  dilap'i dated  build- 
ings to  be  nuisances,  and  direct  the  same  to  be  repaired,  removed 
or  abated  in  such  manner  as  they  shall  prescribe  and  direct;  to 
declare  all  wooden  buildings  which  they  may  deem  dangerous  to 
contiguous  buildings,  or  in  causing  or  promoting  fires,  to  be  nui- 
sances, and  require  and  cause  the  same  to  be  removed  or  abated 
in  such  a manner  as  they  shall  prescribe. 

§ 2.  The  City  Council  shall  have  power, 

First — To  regulate  the  construction  of  chimneys  and  flues,  so 
as  to  admit  of  chimney  sweeps  or  other  mode  of  cleaning,  and  to 
compel  the  sweeping  and  cleaning  of  chimneys. 


Section.  i 

1.  City  Council  may  establish  fire  limits,  i 

2.  City  Council  shall  have  power— 

First— To  regulate  the  construction  of 

chimneys  and  flues. 

Third— To  regulate  the  deposit  of  ashes. 
Fourth— To  provide  fire  buckets. 

Fifth — To  prevent  dangerous  manufacto- 
ries. 

Sixth— To  regulate  the  using  of  fire- 
works. 

Seventh— To  regulate  the  storing  of  gun-  I 
powder.  1 


CHARTER. 


29 


/Second — To  prevent  and  prohibit  the  dangerous  construction 
of  chimneys,  flues,  fire-places,  stove  pipes,  ovens  or  any  other 
apparatus,  used  in  or  about  any  building  or  manufactory,  and  to 
cause  the  same  to  be  removed  or  placed  in  a secure  and  safe  con- 
dition, when  considered  dangerous. 

Third — To  prevent  the  deposit  of  ashes  in  unsafe  places,  and 
to  appoint  one  or  more  officers  to  enter  into  all  buildings  and  en- 
closures, to  examine  and  discover  whether  the  same  are  in  a dan- 
gerous state,  and  to  cause  such  as  are  dangerous  to  be  put  in  a 
safe  condition. 

Tourth — d'o  require  the  inhabitants  to  ^provide  as  many  fire 
buckets,  and  in  such  manner  and  time,  as  they  shall  prescribe, 
and  t<)  regulate  the  use  thereof  in  times  of  tire;  and  to  require  all 
owners  and  occupants  of  buildings  to  construct  and  keep  in  re- 
pair wells  or  cisterns  upon  their  premises. 

Fifth — To  regulate  and  prevent  the  carrying  on  of  manufac- 
tories and  works  dangerous  in  promoting  and  causing  fires. 

Sixth — To  regulate,  prevent  and  prohibit  the  use  of  fireworks 
and  fire-arms. 

Seventh — To  prohibit  or  have  the  management  of  houses  for 
storing  of  gunpowder,  or  direct  and  prohibit  other  and  dangerous 
materials  within  the  city,  to  regulate  the  keeping  and  conveying 
of  the  same,  and  the  use  of  candles  and  other  lights  in  stables  and 
other  like  houses. 

Eighth — To  regulate  and  prescribe  the  manner,  and  order  the 
building  of  parapets  and  walls  and  of  partition  fences. 

Ninth — To  compel  the  owners  or  occupants  of  houses  or  other 
buildings  to  have  scuttles  in  the  roofs,  and  stairs  or  ladders  lead- 
ing to  the  same. 

Tentii — To  authorize  the  Mayor,  fire  wardens  or  other  officers 
of  the  said  city,  to  keep  away  from  the  fire  all  and  any  suspicious 
persons,  and  to  compel  all  officers  of  the  city  and  all  other  persons 
to  aid  in  the  extinguishment  of  fires  and  in  the  preservation  of 
property  exposed  to  damage  or  danger  thereat,  and  in  preventing 
goods  from  being  stolen. 

Eleventh — And,  generally,  to  establish  such  regulations  for  the 
prevention  and  extinguishment  of  fires,  as  the  City  Council  may 
deem  expedient, 

§ 3.  Tlie  City  Council  may  procure  fire  engines  and  all  other 
apparatus  used  for  the  extinguishment  of  fires,  and  have  the 
charge  and  control  of  the  same,  and  provide,  secure  and  fit  houses 
and  other  places  for  keeping  and  preserving  the  same;  and  shall 
have  power. 

First — [To]  organize  fire,  hook,  hose,  axe  and  ladder  companies. 

Second — To  appoint,  during  their  pleasure,  a competent  num- 


30 


CHARTER. 


ber  of  able  and  reputable  inhabitants  of  the  city,  firemen,  to  take 
the  care  and  management  of  the  engines  and  other  apparatus  and 
implements  used  and  provided  for  the  extinguishment  of  fires. 

Third — To  prescribe  the  duty  of  firemen,  and  to  make  rules 
and  regulations  for  the  government,  and  to  impose  reasonable 
penalties  upon  them  for  violation  of  the  same,  and  for  incapacity, 
neglect  of  duty  or  misconduct,  to  remove  them. 

Fourth — The  City  Council  shall  have  power  to  appoint  a cliief 
and  assistant  engineers  of  the  fire  department,  and  they,  with  the 
other  firemen,  shall  take  the  care  and  management  of  the  engines 
and  other  apparatus  apd  implements  provided  and  used  for  the 
extinguishment  of  fires,  and  their  powers  and  duties  shall  be  pre- 
scribed and  defined  by  the  City  Council. 


ARTICLE  ELEVENTH. 


BOARD  OF  HEALTH. 


Section. 

1.  How  constituted. 

2.  Visiting  of  sick  persons. 

3.  Infectious  or  contagious  diseases. 


Section. 

4.  Powers  and  penalties. 

5.  Other  powers  of  health  officers. 

6.  Physicians  required  to  report  cases. 


Section  1.  The  Board  of  Health  shall  consist  of  three  or  more 
commissioners,  to  be  appointed  annually  by  the  City  Council; 
and  the  Mayor  or  the  presiding  officer  of  the  City  Council  shall  be 
president  of  the  board;  and  the  City  Clerk  shall  be  their  clerk, 
and  keep  minutes  of  their  proceedings. 

§ 2.  It  shall  be  the  duty  of  health  officers  to  visit  every  sick 
person  who  may  be  reported  to  them,  as  hereinafter  provided, 
and  to  report,  with  all  convenient  speed,  their  opinion  of  the 
sickness  of  such  person  to  the  Clerk  of  the  Board,  and  to  visit 
and  inspect  all  houses  or  places  in  which  they  may  suspect  any 
person  to  be  confined  with  any  pestilential  or  infectious  disease, 
or  to  contain  unsound  provisions  or  damaged  or  putrid  animal  or 
vegetable  matter,  or  other  unwholesome  articles,  and  to  make  re- 
port of  the  state  of  the  same,  with  all  convenient  speed,  to  the 
Clerk  of  the  Board. 

§ 3.  All  persons  in  the  city,  not  residents  thereof,  who  may 
be  infected  with  any  pestilential  or  infectious  disorder,  or  all 
things  which,  in  the  opinion  of  the  Board,  shall  be  infected  by  or 
tainted  with  pestilential  matter,  and  ought  to  be  removed,  so  as 
not  to  endanger  the  health  of  the  city,  shall  by  order  of  said 
Board,  be  removed  to  some  proper  place,  not  exceeding  five  miles 
beyond  the  limits  of  the  city,  to  be  provided  by  the  Board,  at  the 


CHARTER. 


31 


expense  of  the  person  to  be  removed,  if  able;  and  the  Board  may 
order  any  furniture  or  wearing  apparel  to  be  destroyed,  whenever 
they  may  deem  it  necessary  for  the  health  of  the  city,  by  making 
just  compensation. 

§ 4.  The  City  Council  shall  have  power  to  prescribe  the  pow- 
ers and-  duties  of  the  Board  of  Health,  and  to  punish,  by  fine  or 
imprisonment,  or  both,  any  refusal  or  neglect  to  observe  the 
orders  and  reg-ulations  of  the  Board. 

§ 5.  The  health  officers  may  be  authorized  by  the  City  Council, 
when  the  public  interest  requires,  to  exercise,  for  the  time  being, 
such  of  the  powers  and  perform  such  of  the  duties  of  marshal  or 
street  commissioner  as  the  City  Council  may,  in  their  discretion, 
direct,  and  shall  be  authorized  to  enter  all  houses  and  other 
places,  private  or  public,  at  all  times,  in  discharge  of  any  duty 
under  this  act  or  any  ordinance. 

§ 6.  Every  person  practising  physic  in  this  city,  who  shall 
have  a patient  laboring  under  any  malignant,  infectious  or  pes- 
tilential disease,  shall  forthwith  make  report  thereof,  in  writing, 
to  the  Clerk  of  the  Board,  and  for  neglect  to  do  so  shall  be  con- 
sidered guilty  of  a misdemeanor,  and  liable  to  a fine  of  fifty  dol- 
lars, to  be  sued  for  and  recovered,  with  costs,  in  an  action  of  debt, 
in  any  court  having  cognizance  thereof,  or  before  a Justice  of  the 
^Peace,  for  the  use  of  said  city. 


ARTICLE  TWELFTH. 


MISCELLAI'JEOUS  PROVISIONS. 


Section. 

1.  Yearly  statement  of  finances  to  be 
published. 

3.  Street  commissioner’s  power  further 
defined. 

6.  Cedar  Fork,  or  branch  of. 

7.  Survey  of  city  property;  establishing 

boundaries  of  streets. 

8.  Street  commissioner  liable  for  neg- 

lect. 

9.  Fines  and  penalties. 

10.  Vote  not  to  be  rescinded  unless,  etc. 

11.  Cemetery. 


Section. 

12.  Publication  of  certain  notices. 

13.  Actions  and  suits  at  law. 

15.  Justices  of  the  peace. 

16.  Executions. 

17.  Injuries  to  public  property  provided 

against. 

19.  Ordinances  previously  established. 

21.  Corporation  property. 

24.  Power  to  enlarge  or  reduce  boundaries. 

26.  Officers  may  aarest,  etc. 

27.  Digest  of  ordinances. 


Section  1.  The  City  Council  shall,  at  least  ten  days  before 
the  annual  election  in  each  year,  cause  to  be  published  in  the 
newspaper  publishing  the  ordinances  of  the  city,  a correct  and 
full  statement  of  the  receipts  and  exjienditures  from  the  date  ol 
the  last  annual  report,  together  with  the  sources  from  which  the 


32 


CHARTER. 


former  are  derived  and  the  mode  of  disbursement;  and  also  a dis- 
tinct statement  of  the  whole  amount  assessed,  received  and  ex- 
pended in  the  respective  wards  and  divisions,  for  making  and 
repairing  streets,  highways  and  bridges,  for  the  same  period; 
together  with  such  information  as  may  be  necessary  to  a full 
understanding  of  the  financial  concerns  of  the  city. 

§ 2.  The  inhabitants  of  the  city  of  Galesburg  are  hereby  ex- 
empted from  w'orking  upon  any  road  or  highway  beyond  the 
limits  of  the  city,  and  from  paying  the  tax  in  lieu  thereof,  with- 
out said  limits. 

§ 3.  The  Street  Commissioner  shall  demand  the  services  of 
all  persons  who  are  required  to  labor  on  the  streets  and  alleys  of 
the  city,  at  such  time  and  in  such  manner  as  the  City  Council  may 

direct  or  the  Street  Commissioner  shall  deem  necessary.  He 

«/ 

shall  deliver,  or  cause  to  be  delivered  or  left  at  the  usual  place  of 
abode  or  business  of  any  person  so  required  to  labor,  as  aforesaid, 
a written  or  printed  notice,  or  partly  written  or  printed  notice, 
in  such  form  as  the  City  Council  shall  prescribe,  which  notice 
shall  be  given  at  least  five  days  previous  to  the  first  day  on  which 
he  or  they  are  required  to  labor,  requiring  such  person  to  appear 
at  such  time  and  place  as  may  be  designated  for  the  purpose 
of  laboring  upon  the  streets  and  alleys;  but  similar  notice,  pub- 
lished for  ten  days  in  the  newpaper  publishing  the  ordinances  . 
of  the  city,  by  the  Street  Commissioner,  or  posted  up  in  three 
public  places  of  the  ward  or  district,  shall  be  deemed  sufficient 
notice  to  require  all  persons  to  appear  and  labor  as  aforesaid. 
Upon  the  neglect  of  any  person  to  appear  and  labor  as  aforesaid, 
or  to  pay  the  tax  in  lieu  thereof,  the  collector  shall  collect  of  each 
person,  in  the  same  manner  as  other  taxes,  the  sum  of  three  dol- 
lars, with  his  commission  for  collecting  the  same  added  thereto, 
or  the  same  may  be  recovered  by  suit,  with  costs,  as  in  other  cases. 

§ 4.  The  City  Council  may  provide  for  the  payment  of  the 
City  Attorney’s  and  prison  keeper’s  fees,  when  they  cannot  be 
collected  from  the  offender;  but  said  city,  or  any  person  prose- 
cuting on  her  behalf,  shall  not,  in  any  case,  be  compelled  to  pay 
or  give  security  for  costs  before  commencing  proceedings,  nor  at 
any  other  time,  until  it  is  ascertained  they  cannot  be  made  out  of 
the  defendant. 

§ 5.  All  fines,  forfeitures  and  penalties,  collected  for  offenses 
committed  within  said  city,  shall  belong  to  said  city,  and  shall  be 
paid  into  the  treasury  thereof  by  officers  collecting  the  same. 

§ 6.  The  welter  course  known  as  Cedar  Fork,  in  said  city,  or 
natural  branch  thereto,  shall  not  be  altered,  filled  or  changed,  ex- 
cept in  the  manner  prescribed  by  the  City  Council;  and  the  City 
Council  shall  have  power  to  establish  and  direct  and  prescribe 


CHARTER. 


the  manner  of  altering,  changing,  straightening,  and  to  wall,  fill 
up,  culvert  or  sewer  the  same. 

§ 7.  The  City  Council  shall  have  power  to  cause  the  lots  and 
blocks  of  the  city  to  be  surveyed,  platted  and  numbered  in  consec- 
utive numbers,  from  one  upwards,  and  to  designate  and  number 
all  fractional  or  other  lots  or  blocks,  in  such  manner  as  may  be 
prescribed  by  ordinance;  and  such  plat,  designation  and  numbers, 
when  made  and  duly  recorded,  shall  be  a good  and  valid  descrip- 
tion of  said  blocks,  lots  or  fractional  blocks;  to  establish,  mark 
and  declare  the  boundaries  and  names  of  streets  and  alleys;  to  re- 
(|uire  that  all  additions  hereafter  made  to  said  city,  or  lands  ad- 
joining or  within  the  same,  laid  out  into  blocks  or  lots,  shall  be 
so  laid  out  and  platted  to  correspond  and  conform  to  the  regular 
blocks,  streets  and  alleys  already  laid  out  and  established  within 
the  city. 

§ 8.  The  Street  Commissioner,  in  addition  to  the  penalties 
prescribed  by  ordinance,  shall,  for  willful  neglect  of  duty,  be  lial)le 
to  indictment  and  fine. 

§ 9.  Neither  the  City  Council  or  Mayor  shall  remit  any  fine 
or  penalty  imposed  for  any  violation  of  any  of  the  laws  or  ordi- 
nances of  said  city,  or  release  from  confinement,  uidess  two- 
thirds  of  all  the  Aldermen  elected  shall  vote  for  such  release  or 
remission,  nor  shall  anything  in  this  act  be  so  construed  as  to  oust 
any  court  of  jurisdiction  to  abate  and  remove  any  nuisance  with- 
in its  jurisdiction,  by  indictment  or  otherwise. 

§ ]0.  No  vote  of  the  City  Council  shall  be  reconsidered  or  re- 
scinded at  a special  meeting,  unless  the  meeting  be  called,  in 
whole  or  in  part,  for  that  purpose,  and  the  Aldermen  be  so  noti- 
fied, and  unless  at  such  special  meeting  there  be  present  as  large 
a number  of  Aldermen  as  was  present  when  the  vote  was  taken. 

§ 11.  The  cemetery  lots  which  may  be  laid  out  and  sold  by 
the  city  or  private  persons,  for  private  places  of  burial,  shall,  with 
the  appurtenances,  forever  be  exempt  from  execution  and  attach- 
ment. 

§ 12.  Every  ordinance,  regulation  and  by-law  imposing  any 
penalty,  fine,  imprisonment  or  forfeiture,  for  a violation  of  its  pro- 
visions, shall,  after  the  passage  thereof,  l)e  pul)lished  three  days, 
when  there  is  a daily  paper  published  in  said  city,  otherwise, 
once  in  a weekly  paper:  Promded^  the  proof  of  such  publication 
shall  not  be  necessary,  unless  it  is  denied  under  oath;  and  such 
publication  may  be  dispensed  with  entirely  in  cases  of  emergency, 
by  the  unanimous  vote  of  the  Council;  and  proof  of  such  publica- 
tion, by  the  affidavit  of  the  printer  or  publisher  of  such  news- 
paper, taken  before  any  officer  authorized  to  administer  oaths,  and 
filed  with  the  clerk,  or  any  other  competent  proof  of  such  publi- 

3 


84 


CHARTER. 


cation,  shall  be  conclusive  evidence  of  the  legal  publication  and 
promulgation  of  such  ordinance,  regulation  or  by-law,  in  all  courts 
and  places. 

§ 13.  All  actions  brought  to  recover  any  penalty  or  forfeiture 
incurred  under  this  act,  or  any  ordinance,  by-law  or  police  regu- 
lation made  in  pursuance  thereof,  may  be  brought  in  the  corpo- 
rate name.  It  shall  be  lawful  to  declare  generally,  in  debt,  for 
such  penalty,  fine  or  forfeiture,  stating  the  clause  of  this  act,  or 
the  by-law  or  ordinance  under  which  the  penalty  or  forfeiture  is 
claimed,  and  to  give  the  special  matter  in  evidence  under  it;  or 
the  defendant  may  be  tried  by  presentment  in  the  court  of  com- 
mon pleas. 

§ 14.  In  all  prosecutions  for  any  violation  of  any  ordinance, 
by-law  or  other  regulation,  the  first  process  shall  be  a summons, 
unless  oath  or  affirmation  be  made  for  warrant,  as  in  other  cases; 
and  the  Council  may  provide  for  issuing  the  warrant,  in  the  in- 
stance, without  oath. 

§ 15.  The  City  Council  shall  have  power  to  designate  one  or 
more  Justices  of  Peace  or  Police  Magistrates  in  said  city,  who 
shall  have  jurisdiction  in  any  actions  for  the  recovery  of  any  fine, 
penalty  or  forfeiture  under  this  act,  or  any  ordinance,  by-law  or 
police  regulation,  anything  in  the  laws  of  this  State  to  the  con- 
trary notwithstanding.  Such  Justice  shall  have  power  to  impose 
fines  and  penalties,  not  exceeding  the  amount  authorized  by  the 
Constitution  of  the  State. 

§ 16.  Execution  may  issue  immediately  on  rendition  of  judg- 
ment; and  the  same  execution  ma}'^  require  that  if  the  defendant 
has  no  goods  or  chattels  or  real  estate  within  the  county  of  Knox, 
whereof  the  judgment  can  be  collected,  that  the  defendant  be 
arrested  and  confined  in  the  county  jail  or  work-house  or  city 
prison,  for  a term  not  exceeding  six  months,  as  the  Council,  by 
ordinance,  may  determine.  And  all  persons  who  shall  be  com- 
mitted under  this  section  shall  be  confined  one  day  for  each  one 
dollar  of  such  judgment  and  costs.  All  expenses  incurred  in  the 
prosecution  for  the  recovery  of  any  fine,  penalty  or  forfeiture, 
when  collected  shall  be  paid  into  the  city  treasury. 

§ 17.  Any  person  who  shall  destroy  or  injure  any  bridge  or 
any  public  building  or  any  other  property  belonging  to  the  city, 
or  shall  cause  or  procure  the  same  to  be  injured,  shall  be  subject 
to  a penalty  not  exceeding  five  hundred  dollars,  for  such  offense, 
and  may  be  imprisoned,  not  exceeding  six  months,  in  the  discre- 
tion of  the  court  before  whom  such  conviction  may  be  had,  and 
such  person  shall  also  be  liable  in  a civil  action,  at  the  suit  of  the 
city  or  any  person  injured  thereby,  for  the  damages  occasioned 
by  such  injury  or  destruction. 


CHARTER. 


35 


§ 18.  No  person  shall  be  an  incompetent  judge,  justice,  wit- 
ness or  juror,  by  reason  of  his  being  an  inhabitant  or  freeholder 
in  said  city  of  Galesburg,  in  any  action  or  proceeding  in  which 
the  said  city  may  be  a party  in  interest. 

§ 19.  All  ordinances,  regulations  and  resolutions  now  in  force 
in  the  town  of  Galesburg,  and  not  inconsistent  with  this  act,  shall 
remain  in  force,  under  this  act,  until  altered,  modified  or  repealed 
by  the  City  Council,  after  this  act  shall  take  effect. 

§ 20.  All  rights,  actions,  fines,  penalties  and  forfeitures,  in 
suit  or  otherwise,  which  have  accrued,  shall  be  vested  in  and 
prosecuted  by  the  corporation  hereby  created. 

§ 21.  All  property,  real  or  personal,  or  mixed,  belonging  to 
the  town  of  Galesburg,  is  hereby  vested  in  the  corporation  created 
by  this  act;  and  the  officers  of  said  corporation  now  in  office  shall 
respectively  continue  in  the  same  until  superseded  in  conformity 
to  the  provisions  hereof,  but  shall  be  governed  by  this  act;  which 
shall  take  effect  from  and  after  its  passage  and  publication  in 
Galesburg. 

§ 22.  All  ordinances  of  the  city,  when  printed  and  published 
by  authority  of  the  City  Council,  shall  be  received  in  all  courts 
and  places,  without  further  proof  thereof,  which  shall  not  be  re- 
quired until  denied  under  oath. 

§ 23.  The  style  of  all  ordinances  shall  be:  it  ordained  by 

the  City  Council  of  the  city  of  Galesburg C 

§ 24.  Any  tract  of  land  adjoining  said  city  which  may  be  laid 
out  into  blocks  or  lots  and  duly  platted,  according  to  law,  and  any 
tract  of  land  adjoining  the  city,  with  the  consent  of  the  owner 
thereof,  shall  and  may  be  annexed  to  said  city  and  form  a part 
thereof,  and  the  City  Council  shall  have  power,  upon  petition  of 
the  owner  of  the  property  to  reduce  the  boundaries  of  the  city, 
not  exceeding  one  half  mile,  in  any  direction. 

§ 25.  This  act  shall  not  invalidate  any  legal  act  done  by  the 
president  and  trustees  of  Galesburg,  or  by  its  officers,  nor  divest 
their  successors  under  this  act  of  any  rights  of  property,  or  other- 
wise, or  liability  which  may  have  accrued  to  or  been  created  by 
said  corporation  prior  to  the  passage  of  this  act. 

§ 20.  All  officers  of  the  city,  created  conservators  of  the  peace 
by  this  act,  or  authorized  by  any  ordinance,  shall  have  power  to 
arrest  or  cause  to  be  arrested,  with  or  without  process,  all  per- 
sons who  shall  break  the  peace,  or  threaten  to  break  the  peace, 
or  be  found  violating  any  ordinance  of  this  city,  commit  lor 
examination,  and  if  necessary,  detain  such  persons  in  custody 
over  night  or  the  Sabbath  in  the  watch-house  or  other  safe  place, 
or  until  they  can  be  brought  before  a magistrate;  and  shall  have 
and  exercise  such  other  powers  as  conservators  of  the  peace,  as 
the  City  Council  prescribe. 


30 


CHARTER. 


§ 27.  There  shall  be  a digest  of  the  ordinances  of  the  city 
which  are  of  a general  nature,  published  within  one  year  after  the 
passage  of  this  act,  and  a like  digest  within  ev'^ery  period  of  five 
years  thereafter. 

§ 28.  This  act  shall  be  deemed  a public  act,  and  may  be  read 
in  evidence,  without  proof,  and  judicial  notice  shall  be  taken 
thereof  in  all  courts  and  places,  and  shall  take  effect  from  and 
after  its  passage  and  publication  in  Galesburg;  there  being  suffi- 
cient emergency,  in  the  judgment  of  the  legislature  to  dispense 
with  the  lapse  of  sixty  days,  before  this  act  goes  into  effect. 

§ 29.  The  act  entitled  “An  act  for  the  better  government  of 
towns  and  cities,  and  to  amend  the  charters  thereof,”  approved 
February  27,  1854,  shall  be  constituted  a part  of  this  chartei-  of 
the  city  of  Galesburg,  the  same  as  if  specially  recited,  except  that 
there  shall  be  allowed  to  said  city  two  police  magistrates,  and 
that  their  jurisdiction  shall  extend  to  all  causes  of  action  at  com- 
mon law  or  by  statute  where  the  plaintiff’s  demand  shall  not 
exceed  five  hundred  dollars,  and  to  all  cases  of  misdemeanor  com- 
mitted within  the  city  limits  of  said  city,  where  indictment  is  not 
necessary  to  a cojiviction. 

Approved,  Feb.  14,  1857. 


AMENDMENTS  TO  CITY  CHARTER,  ETC. 


FIRST  AMENDMENT. 


An  act  to  amend  the  act  entitled  “An  act  to  incorporate  the  City  of  Galesburg.”  Ap- 
proved February  14th,  1857. 

Section.  Section. 

1.  License  proviso  repealed.  2.  Street  improvements. 

Section  1.  Be  it  enacted  Jnj  the  People  of  the  State  of  Illi- 
nois., represented  in  the  (General  Asse7nbly.,  That  tlie  proviso  in 
paragraph  thirteen  in  section  three  of  article  five  of  the  act  en- 
titled “An  act  to  incorporate  the  city  of  Galesburg,”  approved 
14th  February,  1857,  lie,  and  the  same  is  hereby  repealed,  and  the 
City  Council  of  said  city  shall  have  full  power  to  license,  tax, 
regulate,  or  prohibit  and  suppress  the  several  pursuits  and  busi- 
nesses therein  mentioned,  as  though  no  such  were  therein  con- 
tained. 

^ 2.  That  article  seven  of  said  act  be  and  the  same  is  hereby 
amended  so  that  in  all  cases  of  estimating  damages  occasioned  by 
the  opening  or  laying  out  of  public  grounds  or  sipiares,  streets, 
alleys  or  highways,  or  sections  thereof,  in  said  city  of  Galesburg; 
or  for  altering,  widening,  constructing,  straightening  or  discon- 
tinuing the  same,  it  shall  be  lawful  to  take  into  consideration  the 
benefits  resulting  therefrom  to  the  owner  of  any  land  taken  or 
affected  by  such  improvement,  and  instead  of  pfiyiug  to  him  the 
value  of  the  land  taken  for  the  improvement  in  money,  he  shall 
be  entitled  only  to  the  value  of  such  land  after  deducting  there- 
from the  value  of  such  irnprovemcmt  to  him  or  his  ])roperty  re- 
maining in  the  neighborhood. 

Approved  February  19th,  1859. 


38 


AMENDMENTS. 


SECOND  AxMENDMENT. 


Au  act  lor  the  eetablishment  of  a eystem  of  Graded  Schools  in  the  City  of  Galesburg. 


Section. 

1.  Boundaries  of  school  district. 

2.  Division  of  property. 

3.  Transfer  of  school  funds. 

4.  Board  of  education. 

.5.  Powers  of  hoard. 

7.  Determining  amount  of  school  tax. 

8.  Assessment  for  schools. 

9.  Census  of  children. 

10.  Borrowing  money. 

11.  Election  of  directors. 

12.  Treasurer  and  clerk. 

13.  Loaning  permanent  fund. 


Section. 

14.  Security  for  loans. 

15.  Preferring  school  debts. 

16.  Collection  of  school  moneys, 
i 17.  Judgments  and  interest. 

18.  Increasing  securities. 

19.  Annual  report. 

20.  Admission  of  scholars. 

21.  Qualifications  for  admission. 

22.  Purchasing  grounds  and  buildings. 
I 23.  Act,  part  of  the  charter. 

1 24.  Mode  of  taking  efl'ect. 


Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illi- 
nois., represented  in  the  General  Assembly.,  That  all  the  territory 
within  the  limits  of  the  city  of  Galesburg,  Knox  county,  Illinois, 
according  to  its  present  or  future  boundaries,  is  hereby  erected 
into  a common  school  district,  to  be  known  as  Galesburg  School 
District. 

§ 2.  All  school  lands,  school  funds,  and  other  real  or  personal 
estate,  notes,  bonds  or  obligations,  belonging  to  township  num- 
ber eleven  north,  and  range  one  east,  of  the  fourth  principal 
meridian,  Knox  county,  Illinois,  held  or  owned  for  school  pur- 
poses, shall  be  divided  between  the  city  of  Galesburg  and  the 
portion  of  the  township  without  the  same,  in  the  proportion  and 
manner  following: 

The  school  trustees  for  said  township  shall,  within  thirty  days 
after  the  first  election  contemplated  by  this  act,  appoint  two  com- 
missioners who  are  freeholders,  one  a resident  of  said  city,  and 
the  other  of  said  township  Avithout  the  city;  who,  after  being 
sworn  well  and  truly  to  discharge  their  duties,  shall  ascertain  the 
whole  number  of  white  persons  under  the  age  of  twenty-one 
years,  residing  in  the  whole  of  said  township,  and  the  whole  num- 
ber in  said  city,  and  in  the  township  without  the  city;  and  there- 
upon said  trustees  shall  divide  and  apportion  said  funds,  real  and 
personal  estate,  notes,  bonds  and  obligations  of  said  township,  be- 
tween the  city  and  township  without  the  city,  according  to  the 
number  of  white  persons  under  the  age  of  twenty-one  years  re- 
siding in  said  township.  Said  trustees  shall  have  power  to  sup- 
ply any  vacancy  occurring  among  said  commissioners. 

§ 3.  Said  trustees  or  other  person  or  persons  having  custody 


A E X M E N T S . 


39 


or  control  of  said  funds  or  lands,  shall  pay  over  and  deliver  to  the 
board  of  education  of  Galesburg  school  district,  the  portion  of  the 
funds  and  other  personal  estate,  notes,  bonds  and  obligations,  to 
which  the  school  district  may  be  entitled,  and  execute  and  de- 
liver to  the  board  of  education  the  necessary  deeds  and  other  con- 
veyances for  the  sale  of  real  estate  due  said  district  under  said 
division. 

§ 4.  The  public  schools  of  said  district  shall  be  under  the  ex- 
clusive management  and  control  of  the  board  of  education,  to 
consist  of  the  Mayor  of  said  city,  who  shall  be  the  president  of 
the  board,  and  one  director  from  each  ward  of  the  city,  to  be 
known  as  “The  Board  of  Education  of  Galesburg;  School  Dis- 
trict;”  each  of  whom,  with  the  treasurer  and  clerk  of  said  board, 
shall  be  sworn  to  discharge  their  duties  with  fidelity. 

§ 5.  Said  board  shall  have  exclusive  control  over  the  school 
lands,  funds,  and  other  means  of  said  district  for  school  purposes, 
and  shall  have  full  power  to  do  all  acts  and  things  in  relation 
thereto,  to  promote  the  end  herein  designed;  may  sell  or  lease 
said  lands  and  other  lands  or  property  which  may  have  been  or 
may  hereafter  be  donated,  purchased  or  designed  for  school  pur- 
purposes  in  said  district,  on  such  terms  for  cash  or  credit,  and 
such  times  as  they  may  see  proper.  They  shall  have  full  power 
to  receive  conveyances  or  donations,  and  to  make  the  necessary 
deeds  or  leases  for  lands;  and  all  conveyances  by  the  board  shall 
be  signed  and  acknowledged  before  some  competent  officer  by 
the  president  and  secretary  of  said  board:  Provided^  however, 

that  no  sale  or  lease  of  larid  for  more  than  one  year  shall  be  made 
without  the  concurrence  of  five  members  of  the  board.  A major- 
ity of  the  directors,  with  or  without  the  president,  shall  constitute 
a quorum  for  the  transaction  of  business,  and  in  the  absence  of 
the  president  they  may  appoint  one  of  their  own  body  president 
pro  tempore.  The  president  shall  only  vote  in  case  of  a tie,  when 
he  shall  have  a casting  vote. 

^ 6.  Said  board  shall  have  full  power  to  purchase  or  lease  sites 
for  school  houses,  with  the  necessary  grounds  therefor.  To  erect, 
hire  or  purchase  buildings  for  school  houses,  and  keep  them  in  re- 
pair. /To  furnish  schools  with  necessary  books,  fixtures,  furniture, 
apparatus  and  library  or  libraries.  To  establish,  conduct  and 
maintain  a system  of  public  graded  schools,  to  be  kept  in  one  or 
more  buildings,  in  said  district.  To  supply  the  insufficiency  of 
school  funds  for  the  payment  of  teachers  and  other  school  purposes 
and  expenses,  by  school  taxes,  to  be  levied  and  collected  as  herein- 
after provided.  To  determine  the  number,  make  the  appoint- 
ment, and  fix  the  amount  of  compensation  of  teachers  within  said 
district,  and  of  all  other  agents  and  servants.  Provide  that  the 


40 


AMENDMENTS. 


directors  shall,  in  no  case,  receive  any  compensation  for  services 
as  directors.  To  prescribe  the  studies  to  be  taught,  and  books  to 
be  used  in  said  schools,  including  maps,  charts,  globes,  etc.  To 
lay  off  and  divide  the  said  district  into  smaller  districts,  and  to  alter 
the  same,  or  erect  new  ones  at  pleasure.  To  pass  by-laws,  rules 
and  regulations  to  carry  their  powers  into  complete  execution,  and 
for  the  government  of  their  own  body,  their  officers  agents  and  ser- 
vants, and  providing  for  their  meetings  and  adjournments;  and 
generally  to  have  and  possess  all  the  rights,  powers  and  authority 
necessary  for  the  proper  establishment  and  control  of  an  effective 
system  of  graded  schools  within  said  district.  And  they  shall 
visit  and  inspect  each  and  all  the  schools  therein  as  often  as  may 
be  necessary. 

^ 7.  It  shall  be  the  duty  of  the  Board  of  Education,  and  they 
shall  have  full  power  to  determine  the  amount  of  money  needed, 
and  to  be  raised  for  school  purposes,  over  and  above  the  amount 
from  the  school  funds  hereinbefore  enumerated,  or  from  other 
sources:  Promded^  said  board  shall  not  for  any  one  year  require 

to  be  raised  more  than  one-half  of  one  per  centum,  for  the  benefit 
of  said  schools,  on  the  assessed  value  of  the  real  and  personal 
})roperty  of  said  city  for  such  year,  without  a majority  of  the  legal 
voters  of  said  city  authorize  them  to  do  so,  at  an  election  to  be 
held  for  that  purpose,  at  such  time  and  conducted  in  such  manner 
as  the  boai’d  may  direct;  nor  shall  said  board  or  said  City  Council 
make  any  loan  whatsoever  for  school  purposes  without  a previous 
authority  by  such  vote,  but  with  the  concurrence  of  a majority  of 
said  voters,  it  shall  be  lawful  to  raise  such  sum  either  by  taxation 
or  loan,  as  said  board  may  see  proper;  and  before  the  first  day  of 
August  of  each  year,  they  shall  determine  the  amount  required  to 
be  collected  by  taxation  for  expenditure  for  one  year  from  the 
first  day  of  January  then  next  ensuing,  for  school  purposes  gen- 
erally, and  certify  the  amount  to  the  City  Council  of  Galesburg. 

^ 8.  It  shall  thereupon  be  the  duty  of  the  City  Council  to 
levy  said  sum  on  all  the  real  estate  and  personal  property  of  said 
city  according  to  the  assessment  and  valuation  thereof  for  the 
current  year,  equally,  by  a certain  rate  per  centum,  and  collect 
the  same  as  city  taxes  are  collected.  A special  column  shall  be 
prepared  in  the  city  duplicate,  headed  “school  purposes,”  in  which 
shall  appear  the  amount  of  tax  for  school  purposes  chargeable 
against  each  parcel  of  real  estate,  or  amount  of  personal  property, 
and  when  said  taxes  are  collected,  the  treasurer  shall  keep  a sep- 
arate account  of  the  same,  and  they  shall  be  used  and  applied  for 
school  purposes  only,  and  shall  be  paid  only  on  the  order  of  said 
board. 

§ 9.  It  shall  be  the  duty  of  the  board  to  cause  an  abstract  of 


AMEN  7)  M E N T S . 


41 


the  whole  number  of  white  children  under  the  a^e  of  twenty-one 
years  within  said  district  to  be  made,  and  furnish  the  same,  with 
such  further  information  as  is  required  in  sections  36  and  79,  of 
the  act  to  establish  and  maintain  a system  of  free  schools,  ap- 
proved February  16th,  1857,  to  the  school  commissioner  of  Knox 
county,  Illinois,  within  ten  days  after  the  same  shall  have  been 
ascertained.  And  the  school  commissioner  shall  pay  annually  to 
the  said  board  for  the  exclusive  use  of  said  district,  the  amount 
the  district  is  entitled  to  receive  from  the  funds  that  are  or  may 
be  in  his  hands,  subject  to  distribution  for  the  support  and  benefit 
of  the  schools  in  said  county,  in  accordance  with  the  provisions 
of  the  free  school  law  now  in  force,  the  same  as  if  no  special  char- 
ter had  been  conferred  upon  the  schools  of  the  city  of  Galesburg. 

§ 10.  The  City  Council  of  the  city  of  Galesburg  is  hereby 
vested  with  full  power  to  borrow  such  sums  of  money,  being  sub- 
ject to  the  restriction  contained  in  the  seventh  section  of  this  act, 
as  they  may  deem  necessary  for  school  purposes  in  said  district, 
at  a rate  of  interest  not  exceeding  ten  per  centum  per  annum, 
which  may  be  made  payable  semi-annually  at  such  place  as  may 
be  agreed  upon,  and  the  money  when  so  borrowed  shall  be  placed 
under  the  control  of  the  Board  of  Education. 

^ 11.  The  Board  of  Education  shall  be  elected  by  all  the  (jual- 
ified  voters  of  said  school  district,  but  one  director  shall  reside 
in  each  of  the  wards  of  said  city,  and  be  a householder  and  free- 
holder thereof.  The  directors  shall  hold  their  offices  three  years 
from  the  day  of  their  election,  except  that  one-third  of  the  first 
board  elected  under  this  act  shall  retire  from  office  at  the  expiration 
of  the  first  year,  one-third  at  the  expiration  of  the  second  year,  and 
o!ie-third  at  the  expiration  of  the  third  year;  and  the  period  of 
their  retirement  shall  be  decided  as  follows:  The  Clerk  of  the 

City  Council  shall  take  six  strips  of  paper,  on  two  of  which  he 
shall  write  the  words  “one  year;”  on  two,  “two  years;”  another, 
“three  vears;”  each  member  elect  shall  di’aw,  and  shall  serve  the 
period  of  time  indicated  by  the  words  on  the  paper  which  he 
draws. 

An  election  shall  be  held  annually  at  the  place  where  the  City 
Council  of  Galesburg  hold  their  meetings,  on  the  first  Monday  of 
.lune,  at  the  first  of  which  all  of  said  directors  shall  be  chosen, 
and  at  each  election  thereafter,  successors  to  the  directors  whose 
terms  are  about  to  expire.  For  the  first  election,  the  election 
officers  shall  be  appointed  by  the  City  Council  of  Galesburg, 
notice  thereof  being  published  by  said  Council  ten  days  before 
the  election,  in  a newspaper  of  said  city,  but  for  each  subsequent 
election  said  appointment  shall  be  made  by  the  Board  of  Educa- 
tion, and  notice  given  by  them  as  aforesaid,  and  for  what  wards 


AMENDMENTS. 


4:-> 


directors  are  to  be  chosen;  and  said  election  shall  in  every  other 
particular — the  supplying  of  vacancies  in  the  officers  thereof,  sub- 
stituting the  place  for  holding  the  election,  conducting  the  elec- 
tion, making  the  returns,  etc.,  etc.,  be  governed  by  the  ordinance  of 
the  city  of  Galesburg  in  force  at  the  time  of  election.  Said  board 
shall  be  the  judges  of  the  election  and  the  qualifications  of  their 
members,  and  in  determining  the  same  shall  be  governed  by  the 
city  ordinance  as  aforesaid. 

All  officers  under  this  act  shall  hold  their  offices  until  the  elec- 
tion and  qualification  of  their  successors.  Removal  from  his  ward, 
and  not  out  of  the  city,,  by  any  director,  shall  not  vacate  his  office, 
and  whenever  any  vacancy  shall  occur  in  the  office  of  director, 
the  City  Council  of  Galesburg  shall  supply  the  same  upon  notice 
thereof  by  the  Board  of  Education;  but  such  appointment  so 
made  by  the  City  Council  shall  only  continue  until  the  next  regu- 
lar election  of  directors,  when  a successor  shall  be  elected,  who 
shall  hold  his  office  for  the  unexpired  term  only. 

§ 12.  The  Treasurer  and  Clerk  of  the  city  of  Galesburg  shall 
be  the  Treasurer  and  Clerk  of  the  Board  of  Education,  and  the 
board  shall  determine  their  duties,  compensation  and  amount  of 
security  to  be  given. 

§ Id.  Said  board  shall  cause  all  funds  not  needed  ^or  immediate 
use,  to  be  loaned  at  the  rate  or  ten  per  cent,  per  annum,  payable 
semi-annually  in  advance.  No  loan  shall  be  for  a longer  period 
than  five  years,  and  if  exceeding  one  hundred  dollars,  shall  be 
secured  by  unencumbered  real  estate  of  at  least  double  the  value 
of  the  loan  without  estimating  perishable  improvements.  For 
anv  sum  of  one  hundred  dollars  and  under,  good  and  satisfactorv 
personal  security  may  be  taken. 

^ 14.  All  notes  and  securities  shall  be  to  the  Board  of  Educa- 
tion, for  school  purposes,  and  the  borrower  shall  be  at  all  expenses 
of  examining  titles,  preparing  and  recording  papers. 

^ 15.  In  settling  the  estates  of  deceased  persons,  debts  for 
school  purposes  shall  be  preferred  to  all  others,  except  those  at- 
tending the  last  illness  of  the  deceased  and  his  funeral  expenses; 
excluding  the  physician’s  bill. 

§ 16.  If  default  be  made  in  the  payment  of  interest  or  of  prin- 
cipal when  due,  interest  at  the  rate  of  twelve  per  cent,  per  annum, 
on  the  amount  due,  shall  be  charged  from  the  default  and  may 
be  recovered  by  suit.  Suit  may  be  for  the  interest  only,  whether 
the  principal  be  due  or  not;  and  if  the  interest  be  not  paid  within 
ten  days  after  the  same  becomes  due,  the  principal,  at  the  option 
of  the  holder  of  the  note,  shall  thereby  become  due,  and  may  be 
recovered  b}’  suit,  if  necessary. 

§ 17.  All  judgments  for  principal  or  interest,  or  both,  shall 


A .M  E N D M E N T S . 


43 


draw  interest  at  the  rate  of  twelve  per  cent,  from  the  rendition  of 
judgment;  and  said  board  may  purchase  in  property  sold  on  exe- 
cution or  decree  in  their  own  favor  as  other  persons,  with  right  of 
redemption  as  in  other  cases.  No  judgment  for  costs  shall  be 
rendered  against  said  board,  to  be  paid  out  of  the  school  funds. 

§ *18.  If  the  security  for  any  loan  or  other  debt  due  the  school 
district,  in  the  judgment  of  the  board,  become  doubtful  or  inse- 
cure, they  shall  cause  the  debtor  to  be  notified  thereof;  and  if  he 
shall  not  immediately  secure  the  same  to  the  satisfaction  of  the 
board,  the  principal  and  interest  shall  thereby  become  due  imme- 
diately, and  suit  may  be  brought  against  all  the  makers  of  the 
note,  although  such  condition  or  stipulation  be  not  inserted  in  the 
note. 

§ 19.  Said  Board  of  Education  shall  publish  annually  a state- 
ment of  the  number  of  the  pupils  intructed  the  preceding  year, 
the  several  branches  of  education  pursued,  the  receipts  and  ex- 
penditures of  each  school,  specifying  the  sources  of  such  receipts 
and  the  objects  of  such  expenditures. 

§ 20.  Said  board  shall  have  full  power  to  admit  persons  who 
do  not  reside  within  said  district  into  said  school  upon  such  terms 
as  they  may  think  proper. 

§ 21.  All  free  white  persons,  over  the  age  of  five  years  and 
under  the  age  of  twenty-one  years,  residing  within  said  district, 
shall  be  admitted  to  said  schools  free,  or  upon  the  payment  of 
such  rates  of  tuition  as  the  board  shall  prescribe;  but  nothing 
herein  contained  shall  prevent  persons  being  suspended,  expelled 
or  kept  out  of  said  school  altogether,  for  improper  conduct. 

^ 22.  In  purchasing  or  leasing  grounds  or  buildings  for  school 
purposes,  said  Board  of  Education  may  do  so  on  credit;  and  when 
the  price  and  conditions  of  the  purchase  or  lease  are  agreed  upon, 
the  board  may  certify  the  same  to  the  City  Council  of  Galesburg, 
and  the  Council  shall  make  or  cause  to  l)e  made  to  the  proper 
party,  the  bonds  or  obligations  of  said  city  for  the  payment  of  the 
purchase  money,  according  to  said  terms,  or  said  board  may  exe- 
cute in  their  own  name  said  contract,  bonds,  obligations,  and  they 
shall  be  binding  upon  said  city;  and  the  Council  sliall  provide  for 
the  payment  of  the  same,  and  the  interest  thereon  as  it  becomes 
due,  as  though  they  were  executed  by  the  city  of  Galesburg,  and 
under  her  corporate  seal. 

§ 23.  This  act  shall  be  attached  to  the  act  incorporating  the 
city  of  Galesburg,  and  be  considered  a part  of  said  charter. 

^ 24.  This  act  shall  not  take  effect  or  be  in  force  without  a 
majority  of  the  legal  votei'S  of  said  city  shall  decide  in  its  favor  at 
an  election  for  that  purpose,  to  be  held  at  such  time  and  con- 
ducted in  such  manner  as  the  Council  of  said  city  may  direct. 
Approved  Feb.  18th,  1859. 


• 44 


AMENDMENTS. 


THIRD  AMENDMENT. 

All  act  to  amend  an  act  entitled  “An  act  for  the  establishment  of  a system  of  Graded 

Schools  in  the  city  of  Galesburg.  . 

Section.  I Section. 

1.  Assessments  and  loans.  I 2.  Amendatory. 

Section  1.  Be  it  enacted  hy  the  People  of  the  State  of  Illi- 
nois., represented  in  the  General  Assembly.,  That  section  seven 
from  the  word  “Provided”  in  the  fifth  line  from  the  top  of  said 
section,  be  as  follows:  “Provided  said  board  shall  not  for  any  one 
year  require  to  be  raised  more  than  one  per  centum,  for  the  bene- 
fit of  said  schools,  on  the  assessed  value  of  the  real  and  personal 
property  of  said  city  for  such  year,  unless  authorized  by  a majority 
of  the  votes  cast  at  an  election  ordered  by  said  board  for  such 
purpose,  notice  of  such  election,  and  the  time  and  place,  having 
been  given  in  accordance  with  the  city  ordinance  for  elections  in 
force  at  that  time;  nor  shall  said  board,  or  said  City  Council,  make 
any  loan  exceeding  one  thousand  dollars,  nor  for  a time  longer 
than  six  months,  for  school  purposes,  unless  authorized  by  a vote 
as  aforesaid. 

§ 2.  At  the  end  of  section  ten  add  the  following  words:  “Any- 
thing in  the  charter  of  the  city  of  Galesburg  to  the  contrary  not- 
withstandiTig.” 

§ 3.  At  the  end  of  section  twenty- three,  add  the  following 
words:  “And  amendment  thereto.” 

Approved  Eeb.  14,  1865. 


FOURTH  AMENDxMENT. 

An  act  to  amend  the  Charter  of  the  City  of  Galeebnrg. 

Section.  I Section. 

1.  Changing  day  of  election.  ' 2.  To  be  in  force  from  passage. 

Se(jtion  1.  Be  it  enacted  hy  the  People  of  the  State  of  Illi- 
nois represented  in  the  General  Assembly.,  That  the  annual  gen- 
eral election  provided  for  in  said  charter  be  hereafter  held  on  the 
first  Tuesday  of  April. 

§ 2.  This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

Approved  March  10,  1869. 


A M E X I)  M E N T H . 


4f) 


DIVISION  OF  TOWNS. 

A l>ill  for  an  act  to  divide  the  towns  of  Galesburg  and  VV^est  Galesburg. 

Section. 

1.  Boundaries. 

2.  Succession  of  officers. 

3.  Town  meeting. 

4.  Board  of  apportionment. 
f).  City  out  of  town  jurisdiction. 

6.  Overseer  of  the  poor. 

7.  Assessment  and  collection  of  taxes 

Section  1.  JBe  it  enacted  hy  the  People  of  the  State  of  Illi- 
nois^ represented  in  the  General  Assemhlip  That  all  that  portion 
of  the  towns  of  Galesburg  and  West  Galesburg,  not  embraced 
within  the  city  of  Galesburg,  shall  constitute  the  town  of  Gales- 
burg. 

^ 'Z.  The  officers  of  the  town  of  Galesburg  shall  be  the  officers 
of  the  new  town  of  Galesburg,  until  their  successors  are  elected 
and  qualified;  and  the  officers  of  the  town  of  Galesburg  shall  be 
the  successors  to  the  officers  of  West  Galesburg. 

§ 3.  The  first  annual  town  meeting  in  said  town  shalhbe  held 
on  the  first  Tuesday  of  April  next,  at  the  school  house  on  section 
nine  of  said  town. 

§ 4.  The  Supervisor  and  Assessor  of  the  town  of  Galesburg 
and  the  Mayor  and  Assessor  of  the  city  of  Galesburg  shall  con- 
stitute a board,  whose  duty  it  shall  be  to  divide  the  property, 
claims  and  liabilities  of  the  towns  of  Galesburg  and  West  Gales- 
burg, existing  upon  the  taking  effect  of  this  act,  between  the  city 
of  Galesburg  and  the  new  town  of  Galesburg.  And  the  basis  of 
apportionment  shall  be  the  assessment  of  the  year  18GG,  and  the 
rates  shall  be  the  relative  value  of  all  the  property  contained 
within  the  city  and  within  the  towns  outside  the  city. 

§ 5.  From  and  after  the  time  this  act  shall  take  effect,  the  ter- 
ritory embraced  within  the  limits  of  the  city  of  Galesburg,  shall 
not  be  within  the  jurisdiction  of  any  town. 

§ 6.  At  the  annual  election  in  the  city  of  Galesburg  there 
shall  be  elected  an  Overseer  of  the  Poor.  Such  Overseer  of  the 
Poor  shall  have  like  powers  and  duties  as  Overseers  of  the  Poor 
of  towns.  Such  accounts  of  the  Overseer  of  the  Poor  as  are  re- 
quired to  be  audited  by  town  auditors  shall  be  in  like  manner 
audited  by  the  Common  Council. 

§ 7.  The  State  and  county  taxes  shall  be  assessed  and  col- 


I Section. 

8.  Election  precincts. 

9.  Supervisors. 

10.  Justices,  Notaries  Public  ami  Con- 

stables. 

11.  Election  of  same. 

12.  Pilling  vacancies. 

, l:t.  Mode  of  taking  effect. 


46 


AMENDMENTS. 


lected  within  the  city  of  Galesburg,  by  the  City  Assessor  and  City 
Collector  in  like  manner  as  assessments  and  collections  are  made 
in  towns,  and  for  a like  compensation.  The  City  Collector  shall 
give  like  bonds  in  the  collection  of  State  and  county  tax  as  town 
Collectors.  The  bond  for  collection  of  county  tax  may  be  ap- 
proved by  either  of  the  city  supervisors. 

§ 8.  Each  ward  in  the  city  of  Galesburg  shall  be  an  election 
precinct  for  all  general  and  special  elections.  The  judges  and 
clerks  of  election  shall  be  appointed  by  the  City  Council.  Elec- 
tion notices  shall  be  posted  in  each  ward  by  supervisor  or  super- 
visors representing  such  ward. 

§ 9.  At  each  annual  city  election  there  shall  be  elected  in  the  , 
city  of  Galesburg  one  or  more  supervisors.  The  number  shall 
not  exceed  the  number  of  wards  in  the  city,  and  shall  not  be 
greater  than  one  for  every  four  hundred  legal  voters  residing  in 
said  city.  The  City  Council  may,  from  time  to  time  divide  the 
city  into  districts,  for  the  election  of  supervisors,  each  district  to 
elect  one  or  more,  as  the  Council  may  provide;  but  in  forming 
districts  no  ward  shall  be  divided. 

§ 10.  No  Justice  of  the  Peace,  Constable  or  Notary  Public 
shall  be  ousted  of  his  office  in  consequence  of  the  passage  of  this 
act,  but  in  case  of  death,  resignation  or  removal  of  any  Justice  of 
the  Peace  (police  magistrates  excepted).  Constable  or  Notary  Pub- 
lic in  s&id  city,  or  town,  such  vacancy  shall  not  be  filled,  unless 
such  vacancy  shall  diminish  the  number  of  like  officers  to  which 
such  town  or  city  shall  thereafter  be  entitled. 

§ 11.  At  each  election  of  Police  Magistrates  and  city  Justices 
of  the  Peace,  in  the  city  of  Galesburg,  there  shall  be  elected  the 
like  number  of  Constables. 

§ 12.  The  City  Council  shall  have  power  to  appoint  to  fill 
vacancies  in  the  offices  of  supervisor  and  Overseer  of  the  Poor. 

§ 13.  This  act  shall  take  effect  so  far  as  relates  to  elections  in 
the  city  of  Galesburg,  on  the  first  Monday  of  April  next;  and  for 
other  purposes,  on  the  first  Tuesday  of  April  next:  Provided^  that 
this  act  shall  be  submitted  to  the  legal  voters  of  the  city  of  Gales- 
burg for  their  ratification  or  rejection  at  the  city  election  to  be 
held  on  the  first  Monday  of  April  next. 

The  Mayor  of  the  city  of  Galesburg  shall,  not  less  than  two 
weeks  prior  to  said  city  election,  cause  this  act  to  be  published  in 
at  least  one  weekly  newspaper  in  said  city.  On  the  ballots  ueds 
at  said  city  election,  there  shall  be  written,  or  printed,  the  words, 
“for  division  of  towns,”  or  “against  division  of  towns.”  And  if  a 
majority  of  the  votes  cast  at  said  election  shall  be  “for  division  of 
towns,”  then  this  act  shall  be  in  full  force  and  effect;  but  if  a ma- 


AMENDMENTS. 


47 


jority  of  the  votes  cast  at  said  election  shall  be  “against  division 
of  towns,”  then  this  act  shall  be  null  and  void. 

Said  votes  at  said  election  shall  be  canvassed,  and  the  result 
declared  as  in  other  questions  acted  upon  at  said  election. 

Approved  February  27,  1867. 


AMENDMENT  THERETO. 

A bill  for  an  act  to  amend  an  act  entitled  “An  act  to  divide  the  towns  of  Galesburg  and 

West  Galesburg.” 

Section.  ; Section. 

1.  Election  of  Constables.  I 4.  Election  of  Supervisors. 

2.  Filling  vacancies.  5.  Taking  effect'. 

3.  Election  of  Overseer  of  the  Poor. 

Section  1.  l^e  it  enacted  by  the  People  of  the  State  of  Illi- 
nois^ represented  in  the  General  Assembly That  at  each  annual 
election  in  the  city  of  Galesburg,  there  shall  be  elected  as  many 
Constables  as  may  be  necessary  to  fill  vacancies  existing  in  the 
office  of  Constable  in  said  city.  Such  persons  so  appointed  shall 
hold  office  for  the  unexpired  term  of  their  predecessors. 

§ 2.  The  City  Council  of  said  city  of  Galesburg  shall  have 
power  to  fill  any  vacancies  that  may  exist  in  the  office  of  consta- 
ble in  said  city,  in  the  interval  between  regular  annual  charter 
elections  in  said  city.  Such  person  so  appointed  shall  hold  office 
until  the  next  regular  annual  charter  election. 

§ 3.  The  Overseer  of  the  Poor  in  said  city  shall  not  be  elected 
at  the  annual  charter  elections  in  said  city,  but  shall  be  appointed 
by  and  hold  office  during  the  pleasure  of  the  City  Council. 

§ 4.  The  supervisors  of  said  city  may  be  elected  by  wards  or 
districts,  or  by  the  city  at  large,  as  the  Common  Council  of  said 
city  may  from  time  to  time  determine. 

§ 5.  This  act  shall  be  deemed  a public  act,  and  be  in  force 
from  and  after  its  passage. 

Approved  March  G,  1869. 


PRESENT  CHARTER. 


The  following  ie  the  Act  under  which  the  City  reorganized  hy  a vote  of  its  citizens, 

July  17,  1876: 


CITIES  AND  VILLAGES. 


AN  ACT  to  provide  for  the  incorporation  of  cities  and  villages.  [Approved  April  10, 
187-2.  In  force  July  1,  1872.  L.  1871-2,  p.  218.] 


Section. 

1.  How  cities  may  adopt  this  act. 

2.  Notice  of  election. 

8.  The  ballot —result. 

4.  How  towns  may  become  cities. 

.T.  Organizing  a city— petition — election — 
result. 

6.  Courts  to  take  judicial  notice  of  organ- 

ization, etc. 

7.  Election  of  officers. 


Section. 

8.  When  County  Judge  to  give  notice  of 

election,  etc. 

9.  Term  of  first  officers. 

10.  Corporate  name — powers. 

11.  Prior  ordinances,  etc.,  in  force,  until, 

etc. 

12.  Rights,  etc.,  of  old  corporations  to  vest 

in  new. 

13.  Record  of  result  of  election. 


§ 1.  J>e  it  enacted  hy  the  People  of  the  State  of  Illinois  rep- 
resented in  the  General  Assembly.,  as  follows: 


ARTICLE  I. 

OF  THE  ORGANIZATION  OP  CITIES. 

Section  1.  Hoio  city  may  adopt  this  act^  That  any  city  now 
existing  in  this  State  may  become  incorporated  under  this  act  in 
manner  following:  Whenever  one-eighth  of  the  legal  voters  of 

such  city,  voting  at  the  last  preceding  municipal  election,  shall 
petition  the  Mayor  and  Council  thereof  to  submit  the  question  as 
to  whether  such  city  shall  become  incorporated  under  this  act,  to 
a vote  of  the  electors  in  such  city,  it  shall  be  the  duty  of  such 
Mayor  and  Council  to  submit  such  question  accordingly,  and  to 
appoint  a time  and  place,  or  places,  at  which  such  vote  may  be 
taken,  and  to  designate  the  persons  who  shall  act  as  judges  at 
such  election;  but  such  question  shall  not  be  submitted  oftener 
than  once  in  four  years.  [See  ^ 53,  55. 

\J8) 


PRESENT  CHARTER. 


49 


2.  N^otice  of  Election^  § 2.  'Die  Mayor  <^f  sucli  city  shall 
give  at  least  thirty  days’  notice  of  such  election,  by  publishing  a 
notice  thereof  in  one  or  more  newspapeis  within  such  city;  but  if 
no  newspaper  is  published  therein,  then  by  posting  at  least  five 

cooies  of  such  notice  in  each  ward. 

1 

3.  The  ballot — vesultl\  § 3.  The  ballots  to  be  used  at  such 
election  shall  be  in  the  following  form:  “For  city  organization 
under  general  law;”  or,  “Against  city  organization  under  general 
law.”  The  judges  of  such  election  shall  make  returns  thereof  to 
the  City  Council,  whose  duty  it  shall  be  to  caiivass  such  returns 
and  cause  the  result  of  such  canvass  to  l:>e  entered  upon  the  rec- 
ords of  such  city.  If  a majority  of  the  votes  cast  at  such  election 
shall  be  for  city  organization  under  general  law,  such  city  shall 
thenceforth  be  deemed  to  be  organized  under  this  act;  and  the 
city  officers  then  in  office  shall,  thereupon,  exercise  the  powers 
conferred  upon  like  officers  in  this  act,  until  their  successors  shall 
be  elected  and  qualified. 

4.  How  tovms  may  become  cities.]  ^ 4.  Any  incorporated 
town  in  this  State,  having  a population  of  not  less  than  one  thou- 
sand inhabitants,  may  become  incorporated  as  a city  in  like  man- 
ner as  hereinbefore  provided;  but  in  all  such  cases  the  president 
and  trustees  of  such  town  shall,  respectively,  perform  the  same 
duties  relative  to  such  a change  of  organization  as  is  above  re- 
quired to  be  performed  by  the  Mayor  and  Council  of  cities. 

5.  Organizing  a city — petition — election — result.  § 5.  When- 

ever any  area  of  contiguous  territory  in  this  State,  not  exceeding 
four  square  miles,  shall  have  resident  thereon  a population  of  not 
less  than  one  thousand  inhabitants,  which  shall  not  already  be 
included  within  any  incorporated  town  or  city,  the  same  may  be- 
come incorporated  as  a city  in  the  manner  following:  Any  fifty 

legal  voters  thereof  may  file  in  the  office  of  the  Clerk  of  the 
County  Court,  of  the  county  in  which  such  inhabitants  reside,  a 
petition  addressed  to  the  judge  of  such  court;  and  if  the  territory 
described  in  said  petition  shall  be  in  more  thaji  one  county,  then 
the  petition  shall  be  addressed  to  the  judge  of  the  court  where  a 
greater  part  of  such  territory  is  situated;  which  petition  shall  de- 
fine the  boundaries  of  such  proposed  city,  and  state  the  number 
of  inhabitants  residing  within  such  limits,  and  also  state  the  naim‘ 
of  such  proposed  city,  and  shall  contain  a prayer  that  the  ques- 
tion be  submitted  to  the  legal  voters  residing  within  such  limits, 
whether  they  will  organize  as  a city  under  this  act.  It  shall  be 
the  duty  of  the  county  judge  to  fix  a time  and  place,  within  the 
boundaries  of  such  proposed  city,  at  which  an  election  may  be 
held  to  determine  such  (juestion;  and  such  judge  shall  name  the 
persons  to  act  as  judges  in  holding  such  election,  and  shall  give 

4 


50 


PRESE^JT  CHARTER. 


notice  thereof  by  causing-  ten  notices  to  be  posted  in  public  places 
within  such  proposed  city.  And  the  third  section  of  this  article 
shall  be  applicable  to  such  election:  Provided^  that  the  returns 
of  sucli  election  shall  be  made  to  and  canvassed  by  the  county 
judge  and  any  two  justices  of  the  peace  whom  he  shall  call  to  his 
assistance,  instead  of  the  City  Council;  and  the  result  of  such 
election  shall  be  entered  upon  the  records  of  such  county  court. 
If  a majority  of  the  votes  cast  at  such  election  shall  be  “For  city 
organization  under  general  law,”  the  inhabitants  of  such  territory, 
described  in  such  petition,  shall  be  deemed  to  be  incorporated  as 
a city,  under  tins  act,  and  with  the  name  stated  in  the  petition. 
[See  § 175. 

6.  Courts  to  take  judicial  notice  of  orga.nization^  ete.]  § 6. 
All  courts  in  this  State  shall  take  judicial  notice  of  the  existence 
of  all  villages  and  cities  organized  under  this  act,  and  of  the 
change  of  the  organization  of  any  town  or  city  from  its  original 
organization  to  its  organization  under  this  act;  and  from  the  time 
of  such  organization  or  change  of  organization,  the  provisions  of 
this  act  shall  be  applicable  to  such  cities  and  villages,  and  all  laws 
in  conflict  therewith  shall  no  longer  be  applicable.  But  all  the 
laws  oi-  parts  of  laws,  not  inconsistent  with  the  provisions  of  this 
act,  shall  continue  in  force  and  applicable  to  any  such  city  or 
village,  the  same  as  if  such  change  of  organization  had  not  taken 
place. 

7.  Election  of  officers?^  § 7.  It  shall  be  the  duty  of  the  pres- 
ident and  board  of  trustees  of  any  town  which  shall  have  voted  to 
change  its  organization  to  a city,  under  this  act,  to  call  and  give 
notice  of  an  election  to  elect  city  officers,  and  to  designate  the  time 
and  place  or  places  of  holding  the  same.  Such  notice  shall  be 
published  in  a newspaper,  if  there  be  one,  within  the  town,  or 
posted  in  ten  public  places  for  at  least  twenty  days  before  such 
election.  Such  president  and  trustees  shall  appoint  the  judges 
and  clerks  to  hold  such  election,  canvass  the  returns  thereof,  and 
cause  the  result  to  be  entered  upon  the  records  of  the  town;  and 
the  provisions  of  this  act,  relative  to  the  election  of  city  officers, 
shall  be  applicable  thereto;  but,  at  such  election,  Aldermen  may 
be  elected  on  a general  ticket. 

8.  hen  County  Judge  to  give  notice  of  election^  etc?^  § 8.  In 
case  of  cities  organizing  under  section  five  (5)  of  this  article,  the 
County  Judge  shall  call  and  give  notice  of  the  election,  and  per- 
form the  same  duties  relative  thereto  as  is  above  required  to  be 
performed  by  President  and  Trustees  of  such  town,  and  in. can- 
vassing such  retui-ns  shall  call  to  his  assistance  two  Justices  of  the 
Peace.  [See  § 52. 

9.  Term  of  first  ofiicersh\  § 9.  The  city  officers  elected 


PRESENT  CHARTER. 


51 


under  either  of  the  preceding  sections,  shall  hold  their  respective 
offices  until  the  next  succeeding  regular  election  for  such  officers, 
respectively,  and  until  their  successors  are  elected  and  qualified, 
as  provided  in  this  act. 

10.  Corporate  name — poieers?^  § 10.  Cities  organized  under 
this  act  shall  b§  bodies  politic  and  corporate,  under  the  name  and 
style  of  “City  of  (name),”  and  under  such  name  may  sue  and  be 
sued,  contract  and  be  contracted  with,  acquire  and  hold  real  and 
personal  property  for  corporate  purposes,  have  a common  seal, 
and  change  the  same  at  pleasure,  and  exercise  all  the  powers 
hereinafter  conferred. 

11.  Prior  ordinances^  etc.^  in  force  until  ^ e^c.]  § 11.  All  ordi- 

nances, resolutions  and  by-laws  in  force  in  any  city  or  town  when 
it  shall  organize  under  this  act,  shall  continue  in  full  force  and 
effect  until  repealed  or  amended,  notwithstanding  such  change  of 
organization;  and  the  making  of  such  change  of  organization  shall 
not  be  construed  to  effect  a change  in  the  legal  identity,  as  a cor- 
poi  ation,  of  such  city  or  town. 

12.  Rights^  etc.^  of  old  corporations  to  rest  in  oieic.^  § 12. 
All  rights  and  property  of  every  kind  and  description,  which 
were  vested  in  any  municipal  corporation  under  its  former  organ- 
ization, shall  be  deemed  and  held  to  be  vested  in  the  same  mu- 
nicipal incorporation  upon  its  becoming  incorporated  under  the 
provisions  of  this  act;  but  no  rights  or  liabilities,  either  in  favor 
of  or  against  such  corporation,  existing  at  the  time  of  so  becom- 
ing incorporated  under  this  act,  and  no  suit  or  prosecution  of  any 
kind  shall  be  affected  by  such  change,  but  the  same  shall  stand 
and  progress  as  if  no  change  had  been  made:  Provided^  that 
when  a different  remedy  is  given  by  this  act,  which  may  properly 
be  made  applicable  to  any  right  existing  at  the  time  of  such  city 
so  becoming  incorporated  under  this  act,  the  same  shall  be 
deemed  cumulative  to  the  remedies  before  provided,  and  used 
accordingly. 

13.  Record  of  res'ult  of  electio7i.^  § 13.  The  corporate  au- 
thorities of  any  city  or  village  which  may  become  organized  under 
this  act  shall,  within  three  months  after  organization  hereunder, 
cause  to  be  filed  in  the  office  of  the  recorder  of  deeds,  in  the 
county  in  which  such  city  or  village  is  situated,  a certified  copy 
of  the  entry  made  upon  the  records  of  the  city,  village  or  County 
Court,  of  the  canvass  of  the  votes,  showing  the  result  of  such  elec- 
tion, whereby  such  city  or  village  became  so  organized — and  such 
recorder  of  deeds  shall  record  the  same.  And  such  corporate 
authorities  shall  also  cause  a like  certificate  to  be  filed  in  the 
office  of  the  Secretary  of  State,  who  shall  file  the  same,  and  keep 
a registry  of  cities  and  villages  organized  under  this  act. 


5*2 


PRESENT  CHARTER. 


ARTICLE  II. 


OF  THE  MAYOR. 


Section. 

14.  .Mayor— his  qiialificatious. 

1.5.  Vacanc)'  one  year  or  more. 

16.  Vacancy  less  than  a year. 

17.  .Mayor  pro  tern. 

18.  Vacancy  by  removal  from  city. 

19.  Mayor  to  preside— casting  vote. 
•.JO.  When  he  may  remove  officers. 
•Jl.  His  powers  to  keep  peace. 


Section.  * 

'H.  Release  of  prisoners. 

2H.  (ieneral  duties. 

-i4.  Power  to  examine  records,  etc. 

Messages  to  Council. 

•J6.  To  call  out  militia,  etc.— riots,  etc. 

•.J7.  Misconduct,  etc.;  of  the  Mayor  or  other 
officer— penalty. 

•J8.  Revised  ordinances  after  change  of 
organization. 


14.  Jfa(/or — ///.s*  qita/iffcatio/is.'\  1.  The  chief  executive 
officer  of  a city  shall  be  a Mayor,  who  shall  be  a citizen  of  the 
Lnited  States,  a qualified  elector,  reside  within  the  city  limits, 
and  hold  his  office  for  two  years,  and  until  his  successor  is  elected 
and  qualified. 

15.  Vacjincy  one  year  or  omr?\  ^ 2.  Whenever  a vacancy 
shall  happen  in  the  office  of  the  Mayor,  when  the  unexpired  term 
shall  be  one  year  or  over  from  the  date  when  the  vacanct’^  occurs, 
it  shall  be  filled  by  an  election. 

lij.  Vitcancy  less  than  a year.^  § 3.  If  the  vacancy  is  less 
than  one  year,  the  City  Council  shall  elect  one  of  its  number  to 
act  as  Mayor,  who  shall  possess  all  the  rights  and  powers  of  the 
Mayor  until  the  next  annual  election,  and  until  his  successor  is 
elected  and  qualified. 

17.  Mayor  pro  temi\  ^ 4.  During  a temporary  absence  or 
di.sabilit}"  of  the  Mayor,  the  City  Council  shall  elect  one  of  its 
number  to  act  as  Mayor  pyro  tem..^  M'ho,  during  such  absence  or 
disability,  shall  possess  the  powers  of  Mayor. 

18.  ^^acftncy  by  removal  from  city.^  § 5.  If  the  Mayor  at  any 
time  during  the  term  of  his  office,  shall  remove  from  the  limits  of 
the  city,  his  office  shall  thereby  become  vacant. 

19.  Mayor  to  j)reside — easting  vote?[  § 6.  The  Mayor  shall 
preside  at  all  meetings  of  the  City  Council,  but  shall  not  vote  ex- 
cept in  case  of  a tie,  when  he  shall  give  the  casting  vote. 

*20.  ^Yhen  he  may  remove  (gficers.  § 7.  The  Mayor  shall 
have  power  to  remove  any  officer  appointed  by  him,  on  any  for- 
mer charge,  whenever  he  shall  be  of  the  opinion  that  the  interests 
of  the  city  demand  such  removal;  but  he  shall  report  the  reasons 
for  such  removal  to  the  Council  at  its  next  regular  meeting. 

*21.  His  poirers  to  keept  pjeace.  ^ 8.  He  may  exercise,  within 
the  city  limits,  the  powers  conferred  upon  Sheriffs,  to  suppress 


PRESENT  CHARTER. 


Oo 


disorders  and  keep  the  peace.  [See  §83;  also,  “Sheriffs,”  ch.  125, 
§ 17;  “Crim.  Code,”  ch.  38,  § 340. 

22.  Release  of  prisoners.\  § 9.  He  may  release  any  person 
imprisoned  for  violation  of  any  city  ordinance,  and  shall  report 
such  release,  with  the  cause  thereof,  to  the  Council  at  its  first 
session  thereafter. 

23.  General  (hities.\  § 10.  He  shall  perform  all  such  duties 
as  are  or  may  be  prescribed  by  law  or  by  the  city  ordinances,  and 
shall  take  care  that  the  laws  and  ordinances  are  faithfully  exe- 
cuted. 

24.  Power  to  examine  records^  etc.]  § 11.  He  shall  have 
power  at  all  times  to  examine  and  inspect  the  books,  records  and 
papers  of  any  agent,  employee  or  officer  of  the  city. 

25.  Messages  to  (Jouncil.]  § 12.  The  Mayor,  shall,  annually, 
and  from  time  to  time,  give  the  Council  information  relative  to 
the  affairs  of  the  city,  and  shall  recommend  for  their  consideration 
such  measures  as  he  may  deem  expedient. 

26.  To  call  out  militia.,  etc. — riots.,  etc.  § 13.  He  shall  have 
power,  when  necessary,  to  call  on  every  male  inhabitant  of  the 
city  over  the  age  of  18  years,  to  aid  in  enforcing  the  laws  and 
ordinances,  and  to  call  out  the  militia  to  aid  in  suppressing  riots 
and  other  disorderly  conduct,  or  carrying  into  effect  any  law  or 
ordinance,  subject  to  the  authority  of  the  Governor  as  commander- 
in-chief  of  the  militia. 

27.  Misconduct.,  etc..,  of  the  Mayor  or  other  officer — penalty.] 
§ 14.  In  case  the  Mayor  or  any  other  municipal  officer  shall  at 
any  time  be  guilty  of  a palpable  omission  of  duty,  or  shall  will- 
fully and  corruptly  be  guilty  of  oppression,  malconduct  or  mis- 
feasance in  the  discharge  of  the  duties  of  his  office,  he  shall  be 
liable  to  indictment  in  any  court  of  competent  jurisdiction,  and, 
on  conviction,  shall  be  fined  in  a sum  not  exceeding  11,000;  and 
the  court  in  which  such  conviction  shall  be  had  shall  enter  an 
order  removing  such  officer  from  office.  [See  “Crim.  Code,”  ch. 
38,  § 208-219. 

28.  Revising  ordinances  after  change  (f  organization.]  § 15. 
He  may  appoint,  by  and  with  the  advice  and  consent  of  the  City 
Council,  immediately  after  such  change  of  organization,  one  oi‘ 
more  competent  j)ersons  to  prepare  and  submit  to  the  City  Coun- 
cil for  their  adoption  or  rejection,  an  ordinance  in  revision  of  the 
ordinances  of  such  city,  and  for  the  government  of  such  city,  the 
compensation  of  such  reviser  or  revisers  to  be  determined  and 
fixed  by  the  City  Council  and  pai<l  out  of  the  city  treasury. 


54 


PRESENT  CHARTER. 


ARTICLE  III. 


OF  THE  CITY  COUNCIL. 


Section. 

29.  Council— how  composed. 

.30.  Number  of  Aldermen. 

.31.  Term  of  office  of  Aldermen. 

32.  Vacancy. 

33.  Qualifications  of  Aldermen. 

34.  Council  judge  of  election  and  qualifi- 

cation of  members. 

35.  Rules — expulsion —bribery. 

36.  Quorum— compelling  attendance. 

37.  Meetings. 

38.  Chairman  pro  tern. 

29.  Council — houa  composed^  § 1.  The  City  Council  shall 
consist  of  the  Mayor  and  Aldermen. 

30.  JSFumber  of  Aldermen.^  § 2.  The  number  of  Aldermen, 

when  not  elected  by  the  minority  representation  plan,  shall  be  as 
follows:  In  cities  not  exceeding  three  thousand  inhabitants,  six 

Aldermen;  exceeding  three  thousand  but  not  exceeding  five  thou- 
sand, eight  Aldermen;  exceeding  five  thousand  and  not  exceeding 
ten  thousand,  ten  Aldermen;  exceeding  ten  thousand  and  not  ex- 
ceeding thirty  thousand,  fourteen  Aldermen;  and  two  additional 
Aldermen  for  every  twenty  thousand  inhabitants  over  thirty  thou- 
sand: Provided.,  however.,  that  in  cities  of  over  100,000  inhabi- 
tants, there  shall  be  elected  thirty-six  Aldermen  and  no  more. 
[See  § 175. 

31.  Term  of  office.']  § 3.  Aldermen  shall  hold  their  office 
for  the  term  of  two  years,  and  until  their  successors  are  elected 
and  qualified. 

32.  Vacancy.]  § 4.  If  any  vacancy  shall  occur  in  the  office 
of  Alderman  by  death,  resignation,  removal  or  otherwise,  such 
vacancy  shall  be  filled  by  election. 

33.  Qualifications  of  Aldermen.]  § 5.  No  person  shall  be 
eligible  to  the  office  of  Alderman  unless  he  shall  be  a qualified 
elector,  and  reside  within  the  ward  for  which  he  is  elected,  nor 
shall  he  be  eligible  if  he  is  in  arrears  in  the  payment  of  any  tax 
or  other  liability  due  to  the  city;  nor  shall  he  be  directly  or  indi- 
rectly interested  in  any  contract  whatever  to  which  the  city  is  a 
party;  nor  shall  he  be  eligible  if  he  shall  have  been  convicted  of 
malfeasance,  bribery  or  other  corrupt  practices  or  crimes;  nor 
shall  he  be  eligible  to  any  office,  the  salary  of  which  is  payable 
out  of  the  city  treasury,  if  at  the  time  of  his  appointment  he  shall 


Section. 

39.  Open  doors. 

40.  Journals  shall  be  kept. 

41.  Yeas  and  nays — record — vote  required. 

42.  Not  to  rescind  vote  at  special  meeting, 

unless,  etc. 

43.  When  report  laid  over. 

44.  Territorial  jurisdiction. 

45.  Special  meetings. 

46.  Ordinances— appeal— veto. 

47.  Reconsideration— passing  over  veto. 


PRESENT  CHARTER. 


55 


be  a member  of  the  City  Council;  nor  shall  any  member  of  the 
City  Council  at  the  same  time  hold  any  other  office  under  the  city 
government;  nor  shall  he  be  either  directly  or  indirectly,  indi- 
vidually, or  as  a member  of  a firm,  engaged  in  any  business  trans- 
action (other  than  official)  with  such  city,  through  its  Mayor  or 
any  of  its  authorized  boards,  agents  or  attorneys,  whereby  any 
money  is  to  be  paid,  directly  or  indirectly,  out  of  the  city  treas- 
ury to  such  member  or  firms. 

34.  Council  judge  of  election  and,  qualification  of  its  mem- 
bers.^ § 6.  The  City  Council  shall  be  judge  of  the  election  and 
qualification  of  its  own  members. 

35.  Rides — expulsion — bribery.^  § 7.  It  shall  determine  its 

own  rules  of  proceeding,  punish  its  members  for  disorderly  con- 
duct, and  with  the  concurrence  of  two-thirds  of  the  Aldermen 
elect,  may  expel  a member,  but  not  a second  time  for  the  same 
offense:  Provided^  that  any  Alderman  or  Councilman  who  shall 

have  been  convicted  of  bribery  shall  thereby  be  deemed  to  have 
vacated  his  office. 

36.  Qiior.um — compelling  attendance^  ^ 8.  A majority  of 
the  Aldermen  elect  shall  constitute  a quorum  to  do  business,  but 
a smaller  number  may  adjourn  from  time  to  time,  and  may  com- 
pel the  attendance  of  absentees,  under  such  penalties  as  may  be 
prescribed  by  ordinance. 

37.  Meetings^  § 9.  The  City  Council  may  prescribe,  by 
ordinance,  the  times  and  places  of  the  meeting  thereof,  and  the 
manner  in  which  special  meetings  thereof  may  be  called. 

38.  Chairman  pro  temi\  § 10.  It  may  elect  a temporary 
chairman  in  the  absence  of  the  Mayor. 

39.  Open  dooi’si]  § 11.  It  shall  sit  with  open  doors. 

40.  Journal § 12.  It  shall  keep  a journal  of  its  own  pro- 
ceedings. 

41 . Y^eas  and  nays — record — rote  required?^  ^ 1 3.  The  yeas 
and  nays  shall  be  taken  upon  the  passage  of  all  ordinances,  and 
on  all  propositions  to  create  any  lial)ility  against  the  city,  or  for 
the  expenditure  or  appropriation  of  its  money,  and  in  all  other 
cases  at  the  request  of  any  member,  which  shall  be  entered  on  the 
journal  of  its  proceedings;  and  the  concurrence  of  a majority  of 
all  the  members  elected  in  the  City  Council  shall  be  necessary  to 
the  passage  of  any  such  ordinance  or  proposition:  Prorided^  it 
shall  rerjuire  two-thirds  of  all  the  Aldermen  elect  to  sell  any  city 
or  school  property. 

42.  Not  to  rescind  vote  at  spiecial  meeting^  unless^  etc.^  § 14. 
No  vote  of  the  City  Council  shall  be  reconsidered  or  rescinded  at 
a special  meeting,  unless  at  such  special  meeting  there  be  present 
as  large  a number  of  Aldermen  as  were  present  when  such  vote 
was  taken. 


56 


PRESENT  CHARTER. 


4o.  W^Jien  report  laid  orer.\  ^ 15.  Any  njport  of  a commit- 
tee of  the  Council  shall  be  deferred,  for  final  action  thereon,  to 
the  next  regulai-  meeting  of  the  same  after  the  report  is  made, 
upon  the  request  of  any  two  Aldermen  present. 

44.  Territorial  Jurisdiction.^  § 16.  The  City  Council  and 
Board  of  Trustees  shall  also  have  jurisdiction  in  and  over  all 
places  within  one-half  mile  of  the  city  or  village  limits,  for  the 
purpose  of  enforcing  health  and  quarantine  ordinances  and  regu- 
lations thereof.  [See  § 71,  170,  229. 

45.  Special  meeting. \ § 17.  The  Mayor  or  any  three  Aider- 

men  may  call  special  meetings  of  the  City  Council. 

46.  Ordinances  — ajrprocal  — veto.^  ^ 18.  All  ordinances 

passed  by  the  City  Council  shall,  before  they  take  effect,  be  de- 
posited in  the  office  of  the  City  Clerk;  and  if  the  Mayor  approves 
thereof,  he  shall  sign  the  same,  and  such  as  he  shall  not  approve 
he  shall  return  to  the  Council  with  his  objections  thereto,  in  writ- 
ing, at  the  next  regular  meeting  of  the  Council  occurring  not  less 
than  five  days  after  tlie  passage  thereof.  Such  veto  may  extend 
to  any  one  or  more  items  oi‘  appropriations  contained  in  any  ordi- 
nance making  an  appropriation,  or  to  the  entire  ordinance;  and  in 
case  the  veto  only  extends  to  a part  of  such  ordinance,  the  residue 
thereof  shall  take  effect  and  be  in  force.  But  in  case  the  Mayor 
shall  fail  to  return  any  ordinance,  with  his  objections  thereto,  by 
the  time  aforesaid,  he  shall  be  deemed  to  have  approved  such  or- 
dinance, and  the  same  shall  take  effect  accordingly. 

47.  Reconsideration — passing  over  veto.^  § 19.  Upon  the 
return  of  any  ordinance  by  the  Mayor,  the  vote  by  which  tlic 
same  was  passed  shall  be  reconsidered  by  the  Council;  and  if, 
after  such  reconsideration,  two-thirds  of  all  the  nnnnbers  elected 
to  the  City  Council  shall  agree,  by  yeas  and  nays,  to  pass  the  same, 
it  shall  go  into  effect,  notwithstanding  the  Mayor  may  refuse  to 
approve  thereof.  The  vote  to  pass  the  same  over  the  Mayor’s 
veto  shall  be  taken  by  yeas  and  nays,  and  entered  on  the  journal. 


PRESENT  CHARTER. 


57 


ARTICLE  IV. 


ELECTIONS. 


Sedion. 

48.  Anuual  election. 

49.  Election  of  Mayor. 

.50.  Who  entitled  to  vote. 

51.  Wards. 

5C.  Aldermen  at  first  election— classified. 
5.3.  Minority  representation. 

.54.  Aldermen  under  minority  plan. 

55.  Aldermen  when  minority  plan  not 
adopted. 


SecfAun. 

.56.  Council  to  designate  place  of  election 
—notice. 

.57.  Manner  of  conducting  elections. 

58.  Result— tic. 

59.  Notice  to  persons  elected  or  appoin- 

ted. 

60.  Where  no  (piorum  in  office— special 

election. 

61.  Special  elections. 


48.  Annual  elections.^  § 1.  A general  election  lor  city  offi- 
cers shall  be  held  on  the  third  Tuesday  of  April  of  each  year. 

49.  JHJlectio)t  of  Mayor.^  ^ 2.  At  the  general  election  held 
in  1875,  and  biennially  thereafter,  a Mayor  shall  be  elected  in 
each  city. 

50.  Who  entitled  tx)  vote.^  § 'h  All  persons  entitled  to  vote 
at  any  general  election  for  State  officers  within  any  city  or  vil- 
lage, having  resided  therein  thirty  days  next  jneceding  thereto, 
may  vote  at  any  election  for  city  or  village  officers.  [See  “Elec- 
tions,” ch,  46,  § 65,  66;  Const,  art.  7,  § 1. 

51.  Wa7'ds.^  § 4.  The  City  Council  may,  from  time  to  time, 
divide  the  citv  into  one-half  as  manv  wards  as  the  total  number 
of  Aldermen  to  which  the  city  is  entitled;  and  one  Alderman 

"shall,  annually  be  elected  in  and  for  each  ward,  to  hold  his  office 
for  two  years,  and  until  his  successor  is  elected  and  qualihed.  In 
the  formation  of  wards,  the  population  of  each  shall  be  as  nearly 
equal,  and  the  ward  shall  be  of  as  compact  and  contiguous  ter- 
ritory as  practicable. 

52.  Aldermen  at  first  election — (dassifi,ed.\  5.  At  the  hrst 

election  under  this  act,  there  shall  be  elected  the  full  number  of 
Aldermen  to  which  the  city  shall  be  entitled.  At  the  first  meet- 
ing of  the  City  Council  after  such  election,  the  Aldermen  elected 
shall  be  divided,  by  lot,  into  two  classes:  Those  of  the  first  class 
shall  continue  in  office  for  one  year,  and  those  of  the  second 
for  two  years.  And  upon  any  increase  of  the  number  of  Aider- 
men,  at  their  first  election  one-half  shall  be  elected  for  one  year, 
and  one-half  for  two  years. 

53.  Alhiority  representaMon.\  ^ 6.  Whenevei' this  act  shall 
be  submitted  to  the  qualified  electors  of  any  city  for  adoption, 
there  shall  be  submitted  at  the  same  time,  for  adoption  or  rejec- 
tion, the  question  of  minority  representation  in  the  City  Council 


58 


PRESENT  CHARTER. 


or  legislative  authority  of  such  city.  At  the  said  election  the 
ballots  shall  be  in  the  following  form:  “For  minority  represen- 

tation in  the  City  Council,”  or  “Against  minority  representation 
in  the  City  Council.”  And  at  any  subsequent  time,  on  petition 
of  the  legal  voters  equal  in  number  to  one- eighth  the  number  of 
legal  votes  cast  at  the  next  preceding  general  city  election,  the  City 
Council  shall  cause  the  question  of  minority  representation  to  be 
submitted  to  the  legal  voters  of  said  city,  and  the  ballots  shall  be 
in  form  as  provided  in  this  section:  Provided.,  that  no  such  ques- 

tion of  representation  shall  be  submitted  more  than  once  in 
every  two  years.  The  judges  of  such  election  shall  make  re- 
turns thereof  to  the  City  Council,  whose  duty  it  shall  be  to  can- 
vass such  returns  and  to  cause  the  result  of  such  canvass  to  be 
entered  on  the  records  of  such  city.  If  a majority  of  the  votes 
cast  at  such  election  shall  be  “For  equal  representation  in  the 
City  Council,”  then  the  members  of  the  City  Council  or  legislative 
authority  of  such  city  shall  be  thereafter  elected  in  the  follow- 
ing manner:  The  Council  or  legislajtive  authority  of  such  city, 

at  least  one  month  before  the  general  election  in  the  year  in 
which  this  act  shall  take  effect  in  such  city,  shall  apportion  such 
city,  by  dividing  the  population  thereof,  as  ascertained  by  the 
last  federal  census,  by  any  number  not  less  than  two  nor  more 
than  six,  and  the  quotient  shall  be  the  ratio  of  representation  in 
the  City  Council.  Districts  shall  be  formed  of  contiguous  and 
compact  territory,  and  contain  as  nearly  as  practicable,  an  equal 
number  of  inhabitants. 

54.  Aldermen  under  yninority  plan^  § 7.  Every  such  district 
shall  be  entitled  to  three  Aldermen,  who  shall  hold  their  office 
for  two  vears,  and  until  their  successors  shall  be  elected  and 

*j  ^ 

(jualified:  Provided.,  that  those  elected  at  the  first  election,  from 
the  wards  bearing  odd  numbers,  shall  only  hold  their  office  for 
one  year,  and  until  their  successors  shall  be  elected  and  qualified. 
Vacancies  occui’ring  by  the  expiration  of  . term,  shall  be  filled  by 
the  election  of  Aldermen  for  the  full  term  of  two  years.  Vacan- 
cies arising  from  any  other  cause  than  the  expiration  of  term, 
shall  be  filled  at  an  election  to  be  held  by  the  voters  of  the  dis- 
trict in  which  such  vacancy  shall  occur,  at  the  time  designated  by 
the  City  Council.  In  all  elections  for  Aldermen,  aforesaid,  each 
qualified  voter  may  cast  as  many  votes  as  there  are  Aldermen  to 
be  elected  in  his  district,  or  may  distribute  the  same,  or  equal 
parts  thereof,  among  the  candidates,  as  he  shall  see  fit,  and  the 
candidate  highest  in  votes  shall  be  declared  elected. 

55.  Aldermen  vdien  minority  plan  not  adopted.^  § 8.  If  a 
majority  of  the  votes  cast  at  such  election  shall  be  “Against  mi- 
nority representation  in  the  City  Council,”  the  preceding  section 


# 


PRESENT  CHARTER. 


59 


shall  be  null  and  void,  so  far  as  it  relates  to  such  city  at  such  elec- 
tion, and  the  Aldermen  of  such  city  shall  be  elected  as  otherwise 
provided  for  in  this  act. 

56.  Place  of  election — notice?^  § 9.  The  City  Council  shall 
designate  the  place  or  places  in  which  the  election  shall  be  held, 
and  appoint  the  judges  and  clerks  thereof,  and  cause  notice  to  be 
printed  in  some  newspaper  published  in  such  city,  if  there  be  one, 
or  posted  at  each  voting  place  in  such  city,  of  the  time,  places  of 
election,  and  of  the  officers  to  be  elected,  for  at  least  twenty  days 
prior  to  such  election. 

57.  Manner  of  conducting  elections^  etc.^  § 10.  The  manner 
of  conducting  and  voting  at  elections  to  be  held  under  this  act 
and  contesting  the  same,  the  ke(‘ping  of  poll  lists  and  canvassing 
the  votes,  shall  be  the  same,  as  nearly  as  may  be,  as  in  the  case  of 
the  election  of  county  officers,  under  the  general  laws  of  this  State. 
The  judges  of  election  shall  appoint  clerks,  when  necessary  to  fill 
vacancies,  and  the  judges  and  clerks  shall  take  the  same  oath  and 
have  the  same  powers  and  authority  as  the  judges  and  clerks  of 
general  State  elections.  After  the  closing  of  the  polls,  the  bal- 
lots shall  be  counted  and  the  returns  made  out  and  returned, 
under  seal,  to  the  city  or  village  clerk,  as  the  case  may  be,  within 
two  days  after  the  election;  and,  thereupon,  the  City  Council  or 
board  of  trustees,  as  the  case  may  be,  shall  examine  and  canvass 
the  same  and  declare  the  result  of  the  election,  and  cause  a state- 
ment thereof  to  be  entered  upon  its  journals.  [See  “Elections,” 
ch.  46,  § 48,-64. 

58.  Result — § 11.  The  person  having  the  highest  num- 
ber of  votes,  for  any  office,  shall  be  declared  elected.  In  case  of 
a tie  in  the  election  of  any  city  or  village  olficer,  it  shall  be  deter- 
mined by  lot,  in  presence  of  the  City  Council  or  board  of  trustees, 
in  such  manner  as  they  shall  direct,  which  candidate  or  candidates 
shall  hold  the  office. 

59.  Notice  to  persons  elected  or  appointed?^  § 12.  It  shall 
be  the  duty  of  the  village  or  city  clerk,  within  five  days  after  the 
result  of  the  election  is  declared  or  appointment  made,  to  notify 
all  persons  elected  or  appointed  to  office  of  their  election  or  ap- 
pointment, and  unless  such  ])ersons  shall  respectively  (jualify  in 
ten  days  after  such  notice,  the  office  shall  become  vacant. 

60.  W'/ien  no  (juorurn  in  (>Jfice — special  election.^  S 1'^-  If, 
any  cause,  there  shall  not  be  a (juoruni  in  office  of  tluj  City  Coun- 
cil or  board  of  trustees,  the  Mayor,  Clerk,  or  any  Alderman  or 
trustee,  as  the  case  may  be,  may  appoint  the  time  and  place  for 
holding  a special  election  to  supply  such  vacancy  and  give  notice 
and  appoint  the  judges  thereof. 

61.  Special  electionsl\  § 14.  If  there  is  a failure  to  elect 


60 


PRESEXT  CHARTER. 


any  oflficer  herein  required  to  be  elected,  or  the  person  elected 
sh  ould  tail  to  (qualify,  the  City  Council  or  board  of  trustees  may 
forthwith  order  a new  election  therefor;  and  in  all  cases  when 
necessary  for  the  purposes  of  this  act,  may  call  special  elections, 
appoint  judges  and  clerks  thereof,  canvass  the  returns  thereof, 
and  provide  by  ordinance  for  the  mode  of  conducting  the  same; 
and  shall  give  notice  of  such  special  elections,  in  which  shall  be 
stated  the  (juestions  to  be  voted  upon,  and  cause  such  notices  to 
be  published  or  posted  for  the  same  length  of  time  and  in  the 
same  manner  as  is  required  in  the  case  of  regular  annual  elec- 
tions in  such  cities  or  villages. 


ARTICLE  V. 


OF  THE  POWERS  OF  THE  CITY  COUNCIL. 


Section. 

6‘J.  (General  powers  of  the  City  Couueil. 

63.  Style  of  ordiuauces. 

64.  Puhlicatiou  of  ordiuauces — when  they 

take  effect. 

6.J.  I’roof  of  ordiuauces. 

66.  Suits  for  violating  ordiuauces. 


Section . 

67.  Fines  aud  licenses  paid  to  treasurer. 

68.  Summous— affidavit— punishment. 

69.  Jurisdiction  of  justices,  etc. 

70.  Constables  aud  sheriffs  may  serve 

process,  etc. 

71.  Jurisdiction  over  water. 


b'^.J  § 1.  The  City  Council  in  cities,  and  president  and  the 

Board  of  Trustees  in  villages,  shall  have  the  following  powers: 

First — To  control  the  finances  and  property  of  the  corporation. 

Second — To  appropi’iate  money  for  corporate  jnirjtoses  only, 
and  provide  for  payment  of  debts  and  expenses  of  the  corporation. 

Third — To  levy  and  collect  taxes  for  general  and  special  pur- 
poses on  real  and  personal  property.  [See  § 89,  171,  227,  231- 
23(),  240-269. 

Fourth — To  fix  the  amount,  terms  and  manner  of  issuing  and 
revoking  licenses. 

Fifth — To  borrow  money  on  the  credit  of  the  corporation  for 
corporate  purposes,  and  issue  bonds  therefor,  in  such  amounts  and 
form,  and  on  such  conditions  as  it  shall  pi’escribe,  but  shall  not 
become  indebted  in  any  manner  or  for  any  purpose  to  an  amount 
including  existing  indebtedness,  in  the  aggregate  to  exceed  five 
(5)  per  centum  on  the  value  of  the  taxable  property  therein,  to  be 
ascertained  by  the  last  assessment  for  State  and  county  taxes  pre- 
vious to  the  incurring  of  such  indebtedness;  and  before  or  at  the 
time  of  incurring  any  indebtedness,  shall  provide  for  the  collec- 
tion of  a direct  annual  tax  sufficient  to  pay  the  interest  on  such 
debt  as  it  falls  due,  and  also  to  pay  and  discharge  the  principal 


PRESENT  CHARI’  E \l  . 


f)l 


thereof  'within  twenty  years  after  contracting  the  same.  [See  § 

90,  169,  228,  245. 

Sixth — To  issue  bonds  in  place  of  or  to  supply  means  to  meet 
maturing  bonds,  or  for  the  consolidation  or  funding  of  the  same. 

Seventh — To  lay  out,  establish,  open,  alter,  widen,  extend,  grade, 
pave  or  otherwise  improve  streets,  alleys,  avenues,  sidewalks, 
wharves,  parks  and  public  grounds,  and  vacate  the  same.  [See 
“Plats,”  ch.  109,  § 1-10. 

Eighth — To  plant  trees  upon  the  same. 

Ninth — To  regulate  the  use  of  the  same. 

Tenth — To  prevent  and  remove  encroachments  or  obstructions 
upon  the  same. 

Eleventh — To  provide  for  the  lighting  of  the  same. 

Twelfth — To  provide  for  the  cleansing  of  the  same. 

Thirteenth — To  regulate  the  openings  therein  for  the  laying  of 
gas  or  water  mains  and  pipes,  and  the  building  and  repairing  of 
sewers,  tunnels  and  drains,  and  erecting  gas  lights:  Provided^ 

however^  that  any  company  heretofore  organized  under  the  gen- 
eral laws  of  this  State,  or  any  association  of  persons  organized,  or 
which  may  be  hereafter  organized  for  the  purpose  of  manufactur- 
ing illuminating  gas  to  supply  cities  or  villages,  or  the  inhabi- 
tants thereof,  with  the  same,  shall  have  the  right,  by  consent  of 
the  Common  Council  (subject  to  existing  rights),  to  erect  gas  fac- 
tories, and  lay  down  pipes  in  the  streets  or  alleys  of  any  city  or 
village  in  this  State,  subject  to  such  regulations  as  any  such  city 
or  village  may  by  ordinance  impose. 

Eourteenth — To  regulate  the  use  of  sidewalks  and  all  structures 
thereunder;  and  to  require  the  owner  or  occupant  of  any  premises 
to  keep  the  sidewalks  in  front  of,  or  along  the  same,  free  from 
snow  and  other  obstructions, 

Eifteenth — To  regulate  and  prevent  the  throwing  or  depositing 
of  ashes,  offal,  dirt,  garbage  or  any  offensive  matter  in,  and  to  pre- 
vent injury  to  any  street,  avenue,  alley  or  public  ground. 

Sixteenth — To  provide  for  and  regulate  crosswalks,  curbs  and 
gutters. 

Seventeenth — To  regulate  and  prevent  the  use  of  streets,  side- 
walks and  public  grounds  for  signs,  sign  posts,  awnings,  awning- 
posts,  telegraph  poles,  horse  troughs,  racks,  posting  handbills  and 
advertisements. 

Eighteenth — To  regulate  and  prohibit  the  exhibitioji  or  carry- 
ing of  banners,  placards,  advertisements  or  handbills  in  the  streets 
or  public  grounds,  or  upon  the  sidewalks. 

Nineteenth — To  regulate  and  prevent  the  flying  of  hsAgs,  ban- 
ners or  signs  across  the  streets  or  from  houses. 

Tvmdieth — To  regulate  traffic  and  sales  upon  the  streets,  side- 
walks and  public  places. 


62 


PRESENT  CHARTER. 


Twenty -first — To  reg'ulate  the  speed  of  horses  and  other  ani- 
mals, vehicles,  cars  and  locomotives,  within  the  limits  of  the  cor- 
poration. 

Twenty-second — To  regulate  the  numbering  of  houses  and  lots. 

Tv'>e)ity -third — To  name  and  change  the  name  of  any  street, 
avenue,  alley  or  other  public  place. 

T wenty -fourth — To  permit,  regulate  or  prohibit  the  locating, 
constructing  or  laying  a track  of  any  horse  railroad  in  any  street, 
alley  or  public  place;  but  such  permission  shall  not  be  for  a lon- 
ger time  than  twenty  years.  [See  “H.  and  D.  railroads,”  ch.  66. 

Twenty-fifth — To  provide  for  and  change  the  location,  grade 
and  crossings  of  any  railroad. 

Twenty-sixth — To  require  railroad  companies  to  fence  their 
respective  railroads,  or  any  portion  of  the  same,  and  to  construct 
cattle  guards,  crossings  of  streets  and  public  roads,  and  keep  the 
same  in  repair,  within  the  limits  of  the  corporation.  In  case  an^^ 
railroad  company  shall  fail  to  comply  with  any  such  ordinance,  it 
shall  be  liable  for  all  damages  the  owner  of  any  cattle  or  horses 
or  other  domestic  animal,  may  sustain  by  reason  of  injuries  thereto 
while  on  the  track  of  such  railroad,  in  like  manner  and  extent  as 
under  the  general  laws  of  this  State,  relative  to  the  fencing  of 
railroads;  and  actions  to  recover  such  damages  mav  be  instituted 
before  any  Justice  of  the  Peace  or  other  court  of  competent  juris- 
diction. 

Twenty -seventh — To  require  railroad  companies  to  keep  flag- 
men at  railroad  crossings  of  streets,  and  to  provide  protection 
against  injury  to  persons  and  property  in  the  use  of  such  railroads. 
To  compel  such  railroad  to  raise  or  lower  their  railroad  tracks  to 
con  Form  to  any  grade  which  may,  at  any  time,  be  established  by 
such  city,  and  where  such  tracks  run  lengthwise  of  any  such 
street,  alley  or  highway,  to  keep  their  railroad  tracks  on  a level 
with  the  street  surface,  and  so  that  such  tracks  may  be  crossed  at 
any  place  on  such  street,  alley  or  highway.  To  compel  and  re- 
quire railroad  companies  to  make  and  keep  open  and  to  keep  in 
repair  ditches,  drains,  sewers  and  culverts  along  and  under  their 
railroad  tracks,  so  that  filthy  or  stagnant  pools  of  water  cannot 
stand  on  their  grounds  or  right  of  way,  and  so  that  the  natural 
drainage  of  adjacent  property  shall  not  be  impeded. 

Twenty -eighth — -To  construct  and  keep  in  repair  bridges,  via- 
ducts and  tunnels,  and  to  regulate  the  use  thereof.  [See  § 194. 

Twenty-ninth — To  construct  and  keep  in  repair  culverts,  drains, 
sewers  and  cesspools,  and  to  regulate  the  use  thereof.  [See  § 242. 

Thirtieth — To  deepen,  widen,  dock,  cover,  wall,  alter  or  change 
the  channel  of  water  courses. 

Thirty-first — To  construct  and  keej)  in  repair  canals  and  slips 
for  the  accommodation  of  commerce. 


PRESENT  CHARTER. 


63 


Thirty-second — To  erect  and  keep  in  repair  public  landing 
places,  wharves,  docks  and  levees.  [See  § 219,  220. 

Thirty-third — To  regulate  and  control  the  use  of  public  and 
private  landing  places,  wharves,  docks  and  levees. 

Thirty-fourth — To  control  and  regulate  the  anchorage,  moor- 
age and  landing  of  all  water  craft  and  their  cargoes  within  the 
jurisdiction  of  the  corporation. 

Thirty-ffth — To  license,  regulate  and  prohibit  wharf-boats, 
tugs  and  other  boats  used  about  the  hai-bor  or  within  such  juris- 
diction. 

Thirty-sixth — To  fix  the  rate  of  wharfage  and  dockage. 

Thirty -seventh — To  collect  wharfage  and  dockage  from  all 
boats,  rafts  or  other  craft  landing  at  or  using  any  public  landing 
place,  wharf,  dock.or  levee  within  the  limits  of  the  corporation. 

TJuirty- eighth — To  make  regulations  in  regard  to  the  use  of 
harbors,  towing  of  vessels,  opening  and  passing  of  bridges. 

Thirty-nmth — To  appoint  harbor  masters,  and  define  their 
duties. 

Fortieth — To  provide  for  the  cleansing  and  purification  of 
waters,  water  courses  and  canals,  and  the  draining  or  filling  of 
ponds  on  private  property,  whenever  necessary  to  prevent  or  abate 
nuisances. 

Forty-first — To  license,  tax,  regulate,  suppress  and  prohibit 
hawkers,  peddlers,  pawnbrokers,  keepers  of  ordinaries,  theatricals 
and  other  exhibitions,  shows  and  amusements,  and  to  revoke  such 
license  at  pleasure. 

Forty -second — To  license,  tax  and  regulate  hackmen,  draymen, 
omnibus  drivers,  carters,  cabmen,  porters,  expressmen,  and  all 
others  pursuing  like  occupations,  and  to  prescribe  tlieir  compen- 
sation. 

Forty-third — To  license,  regulate,  tax  and  restrain  runners  for 
stages,  cars,  public  houses,  or  other  things  or  persons. 

Forty -fourth — To  license,  regulate,  tax  or  prohibit  and  sup- 
press billiard,  bagatelle,  pigeon  hole  or  any  other  tables  or  imple- 
ments kept  or  used  for  a similar  purpose  in  any  place  of  public 
resort,  pin  alleys  and  ball  alleys. 

Forty  fifth — To  suppress  bawdy  and  disorderly  houses,  houses 
of  ill-fame  or  assignation,  within  the  limits  of  the  city,  and  within 
three  miles  of  the  outer  boundaries  of  the  city;  and  also  to  sup- 
press gaming  and  gambling  houses,  lotteries,  and  all  fraudulent 
devices  and  practices  for  the  ])urpose  of  gaming  or  obtaining 
money  or  property;  and  to  prohibit  the  sale  or  exhibition  of  ob- 
scene or  immoral  publications,  prints,  pictures  or  illustrations. 
[See  § 216,  217. 

Forty-sixth — To  license,  regulate  and  prohibit  the  selling  or 


r R E S E N I'  CHARTER. 


B4 


giving  away  of  any  intoxicating,  malt,  vinous,  mixed  or  fermented 
liquor,  the  license  not  to  extend  beyond  the  municipal  year  in 
which  it  shall  be  granted,  and  to  determine  the  amount  to  be  paid 
for  such  license:  Provided^  that  the  City  Council  in  cities,  or 
President  and  Board  of  Trustees  in  villages,  may  grant  permits  to 
druggists  for  the  sale  of  liquors  for  medicinal,  mechanical,  sacra- 
mental and  chemical  purposes  oidy,  subject  to  forfeiture,  and 
under  such  restrictions  and  regulations  as  may  be  provided  by 
ordinance:  Provided^  f urther^  that  in  granting  licenses  such  cor- 
porate authorities  shall  comply  with  whatever  general  law  of  the 
State  may  be  in  force  relative  to  the  granting  of  licenses.  [See 
216;  also  “Dram  Shops,”  ch.  43. 

Porty-seventh — The  foregoing  shall  not  be  construed  to  affect 
the  provisions  of  the  charter  of  any  literar}’^  institution  heretofore 
granted. 

Forty-eighth — And  the  City  Council  in  cities,  and  President 
and  Board  of  Trustees  in  villages,  shall  also  have  the  power  to  for- 
bid and  punish  the  selling  or  giving  away  of  any  intoxicating,  malt, 
vinous,  mixed  or  fermented  liquor  to  any  minor,  apprentice  or 
servant,  or  insane,  idiotic  or  distracted  person,  habitual  drunkard, 
or  person  intoxicated. 

Forty-ninth — To  establish  markets  and  market  houses,  and  pro- 
vide for  the  regulation  and  use  thereof. 

Fiftieth — To  regulate  the  sale  of  meats,  poultry,  fish,  butter, 
cheese,  lard,  vegetables,  and  all  other  provisions,  and  to  provide 
for  place  and  manner  of  selling  the  same. 

Ffty-Ji^'st — To  prevent  and  punish  forestalling  and  regrating. 

F if ty- second — To  regulate  the  sale  of  bread  in  the  city  or  vil- 
lage; prescribe  the  weight  and  quality  of  the  bread  in  the  loaf. 

Fifty-third — To  provide  for  and  regulate  the  inspection  of 
meats,  poultry,  fish,  butter,  cheese,  lard,  vegetables,  cotton,  to- 
bacco, flour,  meal  and  other  provisions. 

Fifty-fourth — To  regulate  the  inspection,  weighing  and  meas- 
uring of  brick,  lumber,  firewood,  coal,  hay,  and  any  article  of 
merchandise. 

Fifty-ffth — To  provide  for  the  inspection  and  sealing  of  weights 
and  measures. 

Ffty -sixth — To  enforce  the  keeping  and  use  of  proper  weights 
and  measures  by  vendors. 

Ffty-semnth — To  regulate  the  construction,  i-epairs  and  use  of 
vaults,  cisterns,  areas,  hydrants,  pumps,  sewers  and  gutters. 

Fifty-eighth — To  regulate  places  of  amusement. 

Fifty-ninth — To  prevent  intoxication,  fighting,  quarreling,  dog 
tights,  cock  fights,  and  all  disorderly  conduct. 

Sixtieth — To  regidate  partition  fences  and  party  walls. 


P RE  SENT  C IT  A R/r  E R . 


05 


S Ixty-pWst — To  prescrilie  tlie  thickness,  strengtli  and  manner  of 
constructing,  stone,  Inick  and  otlier  buildings,  and  construction 
of  fire  escnpes  therein. 

Sixty-second — The  City  Council,  and  the  President  and  Trus- 
tees in  villages,  for  the  purpose  of  guarding  against  the  calamities 
of  hre,  shall  have  power  to  prescribe  the  limits  within  which  wooden 
buildings  shall  not  be  erected  or  placed  or  repaired,  without  per- 
mission, and  to  direct  that  all  and  any  buildings  within  the  fire 
limits,  when  the  same  shall  have  been  damaged  by  fire,  decay  or 
otherwise,  to  the  extent  of  fifty  per  cent,  of  the  value,  shall  be 
torn  down  or  removed,  and  to  prescribe  the  manner  of  ascertain- 
ing such  damage. 

Sixty-third — To  prevent  the  dangerous  construction  and  con- 
dition of  chimneys,  fire  places,  hearths,  stoves,  stove-pipes,  ovens, 
boilers  and  apparatus  used  in  and  about  any  building  and  manu- 
factory, and  to  cause  the  same  to  be  removed  or  placed  in  a safe 
condition,  when  considenul  dangerous;  to  regulate  and  prevent 
the  carrying  on  of  manufactories  dangerous  in  causing  and  pro- 
moting fires;  to  prevent  the  deposit  of  ashes  in  unsafe  places,  and 
to  cause  all  such  buildings  and  inclosures  as  may  be  in  a danger- 
ous state  to  be  put  in  a safe  condition. 

Sixty-fourth — To  erect  engine  houses,  and  provide  fire  engines, 
hose  carts,  hooks  and  ladders,  and  other  implements  for  preven- 
tion and  extinguishment  of  fires,  and  jirovide  for  the  use  and 
management  of  the  same  by  voluntary  fire  companies  or  other- 
wise. 

Sixty -ffth — To  regulate  and  pi-event  storage  of  gunpowder,  tar, 
pitch,  resin,  coal  oil,  benzine,  turpentine,  hemp,  cotton,  nitro- 
glycerine, petroleum,  or  any  of  the  products  thereof,  and  other 
combustible  or  explosive  material,  and  the  use  of  lights  in  stables, 
shops  and  other  places,  and  the  building  of  bonfii  es;  also  to  regu- 
late and  restrain  the  use  of  fire- works,  fire-crackers,  torpedoes, 
Roman  candles,  sky-rockets,  and  other  pyrotechnic  displays. 

Sixty-sixth — To  regulate  the  ])olice  of  the  city  or  village,  and 
pass  and  enforce  all  necessary  police  ordinances. 

Sixty-seventh — To  provide  for  the  inspection  of  steam  boilers 

Sixty-eighth — To  jirescribe  the  duties  and  powm-s  of  a superin- 
tendent of  police,  policemen  and  watchmen. 

Sixty-ninth — To  establish  and  erect  calabooses,  bridewells, 
houses  of  correction  and  workhouses,  for  the  reformation  and  con- 
finement of  vagrants,  idle  and  disorderly  persons,  and  persons 
convicted  of  violating  any  city  or  village;  ordinance,  and  make 
rules  and  regulations  for  the  government  of  the  same,  and  appoint 
necessary  keepers  and  assistants. 

Seventieth — To  use  tlu‘  county  jail  for  the;  confinement  or  pun- 

5 


G6 


PRESENT  CHARTER. 


ishment  of  olfenders,  subject  to  such  conditions  as  are  imposed 
by  law,  and  with  tlie  consent  of  the  county  l)oard. 

Seventy -first — To  provide  by  ordinance  in  regard  to  the  relation 
l3etween  all  the  officers  and  employees  of  the  corporation  in  re- 
spect to  each  other,  the  corporation  and  the  ])eople. 

Seventy -second — To  prevent  and  suppress  riots,  routs,  affrays, 
noises,  disturbances,  disorderly  assem lilies,  in  any  public  or  pri- 
vate place. 

Seventy -third — To  prohil^it  and  punish  cruelty  to  animals. 

Seventy -fourth — To  restrain  and  punish  vagrants,  mendicants 
and  prostitutes. 

Seventy-fifth — To  declare  what  shall  be  a nuisance,  and  to  abate 
the  same;  and  to  impose  fines  upon  parties  who  may  create,  con- 
tinue or  suffer  nuisances  to  exist. 

Seventy -sixth — To  appoint  a Board  of  Health,  and  prescribe  its 
powers  and  duties. 

Seventy-seventh — To  erect  and  establish  hospitals  and  medical 
dispensaries,  and  control  and  regulate  the  same. 

Seventy-eighth — To  do  all  acts,  make  all  regulations  which 
may  be  necessary  or  expedient  for  the  promotion  of  health  or  the 
suppression  of  disease. 

Seventy -ninth — To  establish  and  regulate  cemeteries  within  or 
witliout  the  corporation,  and  acquire  lands  therefor,  by  purchase 
or  otherwise,  and  cause  cemeteries  to  be  removed,  and  prohibit 
their  establishment  within  one  mile  of  the  corporation.  [See 
“Cemeteries,”  ch.  21,  § 4. 

Eightieth — To  regulate,  restrain  and  prohibit  the  running  at 
large  of  horses,  cattle,  swine,  sheep,  goats,  geese  and  dogs,  and  to 
impose  a tax  on  dogs.  [See  “Animals,”  ch.  8,  § 1-7. 

Eighty-fin'st — To  direct  the  location  and  regulate  the  manage- 
ment and  construction  of  packing  houses,  renderies,  tallow  chand- 
leries, bone  factories,  soap  factories  and  tanneries,  within  the 
limits  of  the  city  or  village,  and  within  the  distance  of  one  mile 
without  the  city  or  village  limits. 

Eighty-second — To  direct  the  location  and  regulate  the  use  and 
construction  of  breweries,  distilleries,  livery  stables,  blacksmith 
shops  and  founderies  within  the  limits  of  the  city  or  village. 

Eighty-third — To  prohibit  any  offensive  or  unwholesome  busi- 
ness or  establishment  within  or  within  one  mile  of  the  limits  of 
the  corporation. 

EigJity-fourth — To  compel  the  owner  of  any  grocery,  cellar, 
soap  or  tallow  chandlery,  tannery,  stal)le,  pig  sty,  privy,  sewer  or 
other  unwholesome  or  nauseous  liouse  or  place,  to  cleanse,  abate 
or  remove  tlie  same,  and  to  regulate  tlie  location  thereof. 

Eighty-fifth — The  City  Council,  or  Trustees  of  a village,  shall 


I‘  R IC  S 1<:  N T CHAR  1’  E R . 


67 


have  power  to  provide  for  tlie  taking  of  the  city  or  village  census; 
but  no  city  or  village  census  shall  be  taken  by  authority  of  the 
Council  or  Trustees  oftener  than  once  in  three  years. 

J^ufhty-siMh — To  provide  for  the  erection  and  care  of  all  pub- 
lic buildings  necessary  for  the  use  of  the  city  or  village. 

Eighty -seventh — To  establish  ferries,  toll  bridges,  and  license 
and  regulate  the  same,  and,  from  time  to  time,  fix  tolls  thereon. 
[See  § 194. 

Eighty-eighth — To  authorize  the  construction  of  mills,  mill- 
races  and  feeders  on,  through  or  across  the  streets  of  the  city  or 
village,  at  such  places  and  under  such  restrictions  as  they  shall 
deem  proper. 

Eighty-ninth — The  City  Council  shall  have  power,  by  con- 
demnation or  otherwise,  to  extend  any  street,  alley  or  highway 
over  or  across,  or  to  construct  any  sewer  under  or  through  any 
railroad  track,  right  of  vvay,  or  land  of  any  railroad  company 
(within  the  corporate  limits);  but  where  no  compensation  is  made 
to  such  railroad  company,  the  city  shall  restore  such  railroad 
track,  right  of  way  or  land  to  its  former  state,  or  in  a sufficient 
manner  not  to  have  impaired  its  usefulness. 

Ninetieth — The  City  Council  or  Board  of  Trustees  shall  have  no 
power  to  grant  the  use  of,  or  the  right  to  lay  down,  any  railroad 
tracks  in  any  street  of  the  city,  to  any  steam  or  horse  railroad 
company,  except  upon  a petition  of  the  owners  of  the  land  repre- 
. senting  more  than  one-half  of  the  frontage  of  the  street,  or  so 
much  thereof  as  is  sought  to  be  used  for  railroad  purposes.  [See 
“H.  and  D.  R.  R.”  ch.  66,  § 3;  “Railroads  and  Warehouses,”  ch. 
114,  §19. 

Ninety-jirst — To  tax,  license  and  regulate  auctioneers,  distil- 
lers, brewers,  lumber  yards,  livery  stables,  public  scales,  money 
changers  and  brokers. 

Ninety -second — To  prevent  and  regulate  the  rolling  of  hoops, 
playing  of  ball,  flying  of  kites,  or  any  other  amusement  or  prac- 
tice having  a tendency  to  annoy  persons  passing  in  tlie  streets  or 
on  the  sidewalks,  or  to  frighten  teams  and  horses. 

Ninety-third — To  regulate  and  prohibit  the  keeping  of  any 
lumber  yard,  and  the  placing  or  piling  or  selling  any  lumber,  tim- 
ber, wood  or  other  combustible  material,  within  the  fire  limits  of 
the  city. 

Ninety-fourth — To  provide,  by  ordinance,  that  all  tin;  paj)er, 
printing,  stationery,  blanks,  fuel,  and  all  the  su})plies  needed  for 
the  use  of  the  city,  shall  be  furnished  by  contract,  let  to  the  low- 
est bidder. 

Ninety-ffth — To  tax,  license  and  regulate  second-hand  and 
junk  stores,  and  to  forbid  their  purchasing  or  receiving  from 


G8 


P R E S E X T CHART  E R . 


minors,  without  the  written  consent  of  tlieir  parents  or  guardians, 
any  article  whatsoever. 

N^inety-sixth — To  pass  all  ordinances,  rules,  and  make  all  reg- 
ulations, proper  or  necessary,  to  carry  into  effect  the  powers 
granted  to  cities  or  villages,  with  such  hues  or  penalties  as  the 
City  Council  or  board  of  trustees  shall  deem  pi-oper:  Provided., 
no  ffne  or  penalty  shall  exceed  |>200,  and  no  imprisonment  shall 
exceed  six  months  for  one  offense. 

G3.  Style  of  ordinances.^  § 2.  The  style  of  the  ordinances 
in  cities  shall  be:  “Be  it  ordained  by  the  City  Council  of ” 

G4.  Piddication  of  ordinances — vfhen  to  talxc  effect §3.  All 
ordinances  of  cities  and  villages  imposing'  any  fine,  penalty,  im- 
prisonment or  forfeiture,  or  making  any  appropriation,  shall,  within 
one  month  after  they  are  passed,  be  published  at  least  once  in  a 
newspaper  published  in  the  city  or  village,  or,  if  no  such  newspa- 
per is  published  therein,  by  ])osting  copies  of  the  same  in  three 
])ublic  places  in  the  city  or  village;  and  no  such  ordinance  shall 
take  effect  until  ten  days  after  it  is  so  jmblished.  And  all  other 
ordinances,  orders  and  resolutions  shall  take  effect  from  and  after 
their  passage,  unless  otherwise  ])rovided  therein. 

G5.  Pro<f  of  or dinances?[  § 4.  All  ordinances,  and  the  date 
of  publication  thereof,  may  be  proven  by  the  certificate  of  the 
clerk,  under  the  seal  of  the  corporation.  And  wdien  printed  in 
book  or  pamphlet  form,  and  purporting  to  be  pulrlished  by  author- 
ity of  the  Board  of  Trustees  or  the  City  Council,  the  same  need  not 
be  otherwise  published;  and  such  book  or  pamphlet  shall  be  re- 
ceived as  evidence  of  the  passage  and  legal  publication  of  such 
ordinances,  as  of  the  dates  mentioned  in  such  book  or  pamphlet,  in 
all  courts  and  places  wfithout  further  proof.  [See  “Evidence, 
etc.,”  ch.  51,  § 14. 

GG.  Suits  for  viola.tiny  ordinances.^  § 5.  All  actions  brought 
to  recover  any  fine,  or  to  enforce  any  penalty,  under  any  ordi- 
nance of  any  city  or  village,  shall  be  brought  in  the  corporate 
name  of  the  cit}^  or  village  as  plaintiff;  and  no  prosecution,  recov- 
ery or  acquittal,  for  the  violation  of  any  such  ordinance,  shall  con- 
stitute a defense  to  any  other  prosecution  of  the  same  party  for 
any  other  violation  of  any  such  ordinance,  although  the  different 
causes  of  action  existed  at  the  same  time,  and,  if  united,  would 
not  have  exceeded  the  jurisdiction  of  the  court  or  magistrate. 

G7.  Pines  and  licenses  2)((id  to  treasurer.^  § G.  All  fines  and 
forfeitures  for  the  violation  of  ordinances,  when  collected,  and 
all  money  collected  for  licenses  or  otherwise,  shall  be  paid  into 
the  treasury  of  the  corporation,  at  such  times  and  in  such  man- 
ner as  may  be  ])rescribed  by  ordinance'. 

G8.  Su))imo}is — affidavit — punishment.]  § 7. 


In  all  actions 


P K E S E N T CHARTER. 


69 


for  the  violation  of  any  ordinance,  the  first  process  shall  be  a sum- 
mons: Promded^  hoicever^  that  a warrant  for  the  arrest  of  the 
ofiender  may  issue  in  the  first  instance  upon  the  affidavit  of  any 
person  that  any  such  ordinance  has  been  violated,  and  that  the 
person  making*  the  complaint  has  reasonable  grounds  to  believe 
the  party  charged  is  guilty  thereof;  and  any  person  arrested 
upon  such  warrant  shall,  without  unnecessary  delay,  be  taken 
before  the  proper  officer  to  be  tried  for  the  alleged  offense.  Any 
person  upon  whom  any  fine  or  penalty  shall  be  imposed,  may, 
upon  the  order  of  the  court  or  magistrate  before  whom  the  convic- 
tion is  had,  be  committed  to  the  county  jail  or  the  calaboose,  city 
prison,  work-house,  house  of  correction,  or  other  place  provided 
by  the  city  or  village  for  the  incarceration  of  offenders,  until  such 
fine,  penalty  and  cost  shall  be  fully  paid:  Promded^  that  no  such 
imprisonment  shall  exceed  six  months  for  any  one  offense.  The 
City  Council  or  board  of  trustees  shall  have  power  to  provide,  by 
ordinance,  that  every  person  so  committed  shall  be  required  to 
work  for  the  corporation,  at  such  labor  as  his  or  her  strength  will 
permit,  within  and  without  such  prison,  work-house,  house  of  cor- 
rection, or  other  place  provided  for  the  ijicarceration  of  such 
offenders,  not  exceeding  ten  hours  each  working  day,  and  for  such 
work  the  person  so  employed  to  be  allowed,  exclusive  of  his  or 
her  board,  for  each  day’s  work  on  account  of  such  fine  and 
cost. 

69.  Jurisdiction  (>f  Justices^  etc?\  § 8.  Any  and  all  Justices 
of  the  Peace  and  Police  Magistrates  shall  have  jurisdiction  in  all 
cases  arising  under  the  provisions  of  this  act,  or  any  ordinance 
passed  in  pursuance  tliereof.. 

70.  Constable  or  Sheriff  tnat/  serce  jrrocess^  etc.\  § 9.  Any 
Constable  or  Sheriff  of  the  county  may  serve  any  process,  or 
make  any  arrests  authorized  to  be  made  by  any  city  officer. 

71.  Jurisdiction  omr  waters^  § 10.  The  city  or  village  gov- 
ernment shall  have  jurisdiction  upon  all  waters  within  or  border- 
ing  upon  the  same,  to  the  extent  of  three  miles  beyond  the  limits 
of  the  city  or  village,  but  not  to  exceed  the  limits  of  the  State. 
[See  § 44,  Uo,  216. 


70 


PRESENT  CHARTER. 


ARTICLE  • VI. 


OFFICERS— THEIR  POWERS  AND  DUTIES. 


Section. 

72.  Officers  enumorateil. 

73.  Other  officers— duties  of  City  Marshal. 

74.  Appointment  — vacancies  — duties  — 

powers. 

75.  Oath— bond. 

76.  Commission— certificate— delivery  to 

successors. 

77.  Qualifications  of  officers. 

78.  Officers  not 'to  be  interested  in  con- 

tracts, etc. 


Section. 

79.  Bribery— penalty. 

80.  Mayor,  etc.,  not  to  hold  other  office. 

81.  Duties  of  Clerk. 

82.  Record  of  ordinances. 

83.  Conservators  of  the  peace— powers. 

84.  Compensation  of  Mayor. 

85.  Compensation  of  Aldermen,  etc. 

86.  Compensation  of  other  officers. 

87.  Administering  oaths. 


72.  Officers.^  § 1.  There  shall  be  elected,  in  all  cities  organ- 
ized under  this  act,  the  following  officers,  viz:  a Mayor,  a City 
Council,  a City  Clerk,  City  Attorney,  and  a City  Treasurer. 

73.  Other  officers — duties  of  City  Marshali]  § 2.  The  City 
Council  may,  in  its  discretion,  from  time  to  time,  by  ordinance 
passed  by  a vote  of  two-thirds  of  all  the  Aldermen  elected,  pro- 
vide for  the  election  by  the  legal  voters  of  the  city,  or  the  appoint- 
ment by  the  Mayor,  with  the  approval  of  the  City  Council,  of  a 
City  Collector,  a City  Marshal,  a City  Superintendent  of  Streets, 
a Corporation  Counsel,  a*  City  Comptroller,  or  any  or  either  of 
them,  and  such  other  officers  as  may  by  said  Council  be  deemed 
necessary  or  expedient.  The  City  Council  may,  by  a like  -vote, 
by  ordinance  or  resolution,  to  take  effect  at  the  end  of  the  then 
fiscal  year,  discontinue  any  office  so  created,  and  devolve  the 
duties  thereof  on  any  other  city  officer;  and  no  officer,  filling  any 
such  office  so  discontinued,  shall  have  any  claim  against  the  city 
on  account  of  his  salary,  after  such  discontinuance.  The  City 
Marshal  shall  perform  such  duties  as  shall  be  prescribed  by  the 
City  Council  for  the  preservation  of  the  public  peace,  and  the 
observance  and  enforcement  of  the  ordinances  and  laws;  he  shall 
possess  the  power  and  authority  of  a constable  at  common  law, 
and  under  the  statutes  of  this  State. 

74.  Appointment — vacancies — duties — poioersi]  § 3.  All  offi- 
cers of  any  city,  except  where  herein  otherwise  provided,  shall  be 
appointed  by  the  Mayor  (and  vacancies  in  all  offices,  except  the 
Mayor  and  Aldermen,  shall  be  filled  by  like  appointment)  by  and 
with  the  advice  and  consent  of  the  City  Council.  The  City  Coun- 
cil may,  by  ordinance  not  inconsistent  with  the  provisions  of  tliis 
act,  prescribe  the  duties  and  define  the  powers  of  all  such  officers, 
together  with  the  term  of  any  such  office:  Provided^  the  term 
shall  not  exceed  two  years.  [See  § 15-18,  32. 


PRESENT  C II  A R T E R . 


71 


75.  Oath — hand.]  § 4.  All  officers  of  any  city  or  villaj^e, 
whether  elected  or  appointed,  shall,  before  enterino-  upon  the 
duties  of  their  respective  offices,  take  and  subscribe  the  following 
oath  or  affirmation: 

I do  solemnly  swear  (or  affirm,  as  the  case  may  be,)  that  I will  support  the  constitution 
of  the  United  States,  and  the  constitution  of  the  State  of  Illinois,  and  that  I will  faith- 
fully discharge  the  duties  of  the  office  of according  to  the  best  of  my  ability. 

Which  oath  or  affirmation,  so  subscribed,  shall  be  filed  in  the 
office  of  the  Clerk.  And  all  such  officers,  except  ikldermen  and 
Trustees,  shall,  before  entering  upon  the  duties  of  their  respec- 
tive offices,  execute  a bond  with  security,  to  be  approved  by  the 
City  Council  or  Board  of  Trustees,  payable  to  the  city  or  village, 
in  such  penal  sum  as  may,  by  resolution  or  ordinance,  be  directed, 
conditioned  for  the  faithful  performance  of  the  duties  of  the  office 
and  the  payment  of  all  moneys  received  by  such  officer,  according 
to  law  and  the  ordinances  of  said  city  or  village:  Provided^  hoic- 
that  in  no  case  shall  the  Mayor’s  bond  be  fixed  at  a less  sum 
than  three  thousand  dollars  ($3,000);  nor  shall  the  Treasurer’s 
bond  be  fixed  at  a less  sum  than  the  amount  of  the  estimated  tax 
and  special  assessments  for  the  current  year — which  bonds  shall 
be  filed  with  the  Clerk  (except  the  bond  of  the  Clerk,  which  shall 
be  filed  with  the  Treasurer). 

76.  Commission — certipcate — dedimry  to  6‘«cc*moT6’.]  § 5.  All 
officers  elected  or  appointed  under  this  act  (except  the  Clerk, 
Aldermen  and  Mayor,  and  Trustees,)  shall  be  commissioned  by 
warrant,  under  the  coi’porate  seal,  signed  by  the  Clerk  and  the 
Mayor  or  presiding  officer  of  the  City  Council  or  Board  of  Trus- 
tees. The  Mayor  or  President  of  the  Board  of  Trustees  shall 
issue  a certificate  of  appointment  or  election,  under  the  seal  of 
the  corporation,  to  the  Clerk  thereof,  and  any  person  having  been 
an  officer  of  the  city  or  village,  shall  within  five  days  after  notifi- 
cation and  re({uest,  deliver  to  his  successor  in  office  all  property, 
books  and  effects  of  every  description  in  his  possession,  belonging 
to  the  city  or  village,  or  a])pertaining  to  his  said  office;  and  upon 
his  refusal  to  do  so,  shall  be  liable  for  idl  the  damages  caused 
thereby,  and  to  such  penalty  as  may  by  ordinance  be  prescribed. 

77.  QiKtlipcations  (>f  ojp,cers.\  ^6.  No  })erson  shall  be  eligi- 
ble to  any  office  who  is  not  a (jualified  elector  of  the  city  or  vil- 
lage, and  who  shall  not  have  resided  therein  at  least  one  year 
next  preceding  his  election  or  appointment,  nor  shall  any  person 
be  eligible  to  any  office  who  is  a defaulter  to  the  corporation. 
[See  “Officers,”  ch.  102,  ^ 2,  4. 

78.  JShot  to  he  interested  in  contracts^  etc.\  § 7.  No  officer  shall 
be  directly  or  indirectly  interested  in  any  contract,  work  or  busi- 
ness of  the  city,  or  the  sale  of  any  article,  the  expense,  price  or  con- 


72 


PRESENT  CHARTER. 


sideration  of  which  is  paid  from  the  treasury,  or  by  any  assess- 
ment levded  by  any  act  or  ordinance;  nor  in  the  purchase  of  any 
real  estate  or  other  property  belonging  to  the  corporation,  or 
which  shall  be  sold  for  taxes  or  assessments,  or  by  \drtue  of  legal 
process  at  the  suit  of  said  corporation.  [See  “Officers,”  ch.  102, 

S3,  4. 

79.  Bribery — penalty?^  § 8.  Every  person  who  shall  prom- 
ise, offer  or  give,  or  cause,  or  aid,  or  abet  in  causing  to  be  prom- 
ised, offered  or  given,  or  furnish  or  agree  to  furnish,  in  whole  or 
in  part,  to  be  promised,  offered  or  given  to  any  member  of  the 
City  Council  or  Board  of  Trustees,  or  any  officer  of  the  corpora- 
tion, after  or  before  his  election  or  appointment  as  such  officer, 
any  moneys,  goods,  right  in  action,  or  other  property  or  anything 
of  value,  or  any  pecuniary  advantage,  present  or  prospective, 
with  intent  to  influence  his  vote,  opinion,  judgment  or  action  on 
any  question,  matter,  cause  or  proceeding  which  may  be  then 
pending,  or  may  by  law  be  brought  before  him  in  his  official  ca- 
pacity, shall,  upon  conviction,  be  imprisoned  in  tlie  penitentiary 
for  a term  not  exceeding  two  years,  or  shall  be  fined  not  exceed- 
ing 85,000,  or  both,  in  the  discretion  of  the  court.  Every  officer 
who  shall  accept  any  such  gift  or  promise,  or  undertaking  to 
make  the  same  under  any  agreement  or  understanding  that  his 
vote,  opinion,  judgment  or  action  shall  be  influenced  thereby,  or 
shall  be  given  in  any  question,  matter,  cause  or  proceeding  then 
pending,  or  which  may  by  law  be  brought  before  him  in  his  of- 
ficial capacity,  shall,  upon  conviction,  be  disqualified  from  holding 
any  public  office,  trust  or  appointment  under  the  city  or  village, 
and  shall  forfeit  his  office,  and  shall  be  punished  by  imprisonment 
in  the  penitentiary  not  exceeding  two  years,  or  by  a fine  not  ex- 
ceeding 85,000,  or  both,  in  the  discretion  of  the  court.  Every  per-  ^ 
son  offending  against  either  of  the  provisions  of  this  section,  shall 

be  a competent  witness  against  any  other  person  offending  in  the 
same  transaction,  and  may  be  compelled  to  appear  and  give  evi- 
dence before  any  grand  jury  or  in  any  court  in  the  same  manner 
as  other  persons;  but  the  testimony  so  given  shall  not  be  used  in 
any  prosecution  or  proceeding,  civil  or  criminal,  against  the  per- 
son so  testifying.  [See  “Grim.  Code,”  ch.  38,  § 31,  35. 

80.  Mayoi\  etc.^  not  to  hold  other  office.^  § 9.  No  Mayor, 
Alderman,  City  Clerk  or  Treasurer,  shall  hold  any  other  office 
under  the  city  government  during  his  term  of  office.  [See  “Of- 
ficers,” ch.  102,  § 2,  4. . 

81.  Duties  of  clerk.^  § 10.  The  Clerk  shall  keep  the  cor- 
porate seal,  to  be  provided  under  the  direction  of  the  City  Coun- 
cil or  the  Board  of  Trustees,  and  all  papers  belonging  to  the 
city  or  village;  he  shall  attend  all  meetings  of  the  City  Council 


PRESENT  CHARTER. 


( o 

or  Board  of  Trustees,  and  keep  a full  record  of  its  proceedings  in 
the  journal;  and  copies  of  all  papers  duly  filed  in  his  office,  and 
transcripts  fi-oni  the  journals  and  other  records  and  files  of  his 
office,  certified  by  him  under  the  corporate  seal,  shall  be  evidence 
in  all  courts,  in  like  manner  as  if  the  original  were  produced. 

82.  Record  of  ordinances?^  § 11.  The  Clerk  shall  record,  in 
a book  to  be  kept  for  that  purpose,  all  ordinances  passed  by  the 
City  Council  or  Board  of  Trustees,  and  at  the  foot  of  the  I'ecord 
of  each  ordinance  so  recorded,  shall  make  a memorandum  of  the 
date  of  the  passage  and  of  the  publication  or  posting  of  such 
ordinance,  which  record  and  memorandum,  or  a certified  copy 
thereof,  shall  be  prvma  facie  evidence  of  the  passage  and  legal 
publication  or  posting  of  such  ordinances  for  all  purposes  what- 
soever. 

88.  Co'}ise7'vators  of  the  peace — powers?\  § 12.  The  Trustees 
in  villages,  the  Mayor,  Aldermen,  and  the  Marshal  and  his  depu- 
ties, policemen  and  watchmen,’  in  cities,  if  any  such  be  appointed, 
shall  be  conservators  of  the  peace;  and  all  officers  created  conser^ 
vators  of  the  peace  by  this  act,  or  authorized  by  any  ordinance, 
shall  have  power  to  arrest,  or  cause  to  be  arrested,  with  or  with- 
out process,  all  persons  who  shall  break  the  peace,  or  be  found 
violating  any  ordinance  of  the  city  or  village,  or  any  criminal  law 
of  the  State,  commit  for  examination,  and  if  necessary,  detain 
such  persons  in  custody  over  night  or  Sunday  iti  the  watch  house, 
or  any  other  safe  place,  or  until  they  can  be  brought  before  the 
proper  magistrate,  and  shall  have  and  ext;rcise  such  other  powers, 
as  conservators  of  the  peace,  as  the  City  Council  or  Board  of 
Trustees  may  prescribe.  [See  § 21. 

84.  Compensation  of  ]\la(ior?[  5^  18.  The  Mayor  of  any  city 
shall  receive  such  compensation  as  the  City  Council  may  by  ordi 
nance  direct,  but  his  com})ensation  shall  not  be  changed  during 
his  term  of  office.  [See  § 287. 

85.  Compensation  of  Aldermen  and  Ihoistees.^  § 14.  The 
Aldermen  and  Trustees  may  receive  such  coni])ensation  for  their 
services  as  shall  be  fixed  by  ordinance;  Prodded^  howece)\  siudi 
compensation  shall  not  exceed  -t8  to  each  x\lderman  or  Trust(T> 
for  each  meeting  of  the  City  Council,  or  Board  of  Tiaistees,  actually 
attended  by  him,  and  no  other  compensation  than  for  attendance 
upon  such  meetings  shall  be  allowed  to  any  Alderman  or  Trustee 
for  any  services  whatsoever.  Such  compensation  shall  not  be 
changed,  after  it  has  been  once  established,  so  as  to  take  elfect  as 
to  any  Alderman  or  Trustee  voting  for  such  change,  during  his 
term  of  office.  [See  ^ 287. 

86.  Compensation  of  other  officer s?\  ^ 15.  All  other  officers 

may  receive  a salary,  fees  or  other  compensation  to  be  fixed  by 


74 


PRESENT  CHARTER. 


ordinance,  and  after  tlie  same  has  been  once  fixed,  such  fees  or 
compensation  shall  not  be  increased  or  diminished,  to  take  effect 
durino'  the  term  for  which  any  such  officer  was  elected  or  ap- 
pointed; and  eveiw  such  officer  shall  make  and  return  to  the  Mayor, 
or  President  of  the  Board  of  Trustees,  a semi-annual  report,  veri- 
fied by  affidavit,  of  all  such  fees  and  emoluments  received  by  him. 
[See  “'Fees  and  Salaries,”  ch.  53,  § 38. 

87.  Administering  oaths.^  § 1(3.  The  Mayor  of  any  city,  and 
Clerk  of  any  city  or  villag-e,  shall  have  power  to  administer  oaths 
and  affirmations  upon  all  lawful  occasions. 


ARTICLE  VII. 


OF  FINANCE. 


Section. 

88.  Fiscal  year. 

89.  Amiual  appropriatiou  ordinance. 

90.  Limitation  — enierffoncy— borrowing 
money. 

91.  Contracting  liabilities  limited. 

92.  Duties  of  Treasurer. 

93.  Separate  accounts. 

91.  Receipts. 

95.  Monthly  statements  — warrants  — 
vouchers,  register. 

96.  De])osit  of  funds — separate  from  his 
own. 

97.  '['reasurer’s  annual  report— publica- 
tion. 

98.  Warrants. 

99.  Special  assessment  funds  kept  sepa- 
rate. 

CITY  COLLECTOR. 

100.  Ills  duties. 


Section. 

101.  He  shall  report,  etc.— publication. 

102.  Not  to  detain  money— penalty. 

103.  Examination  of  his  books — paying 
over. 

CITY  COMPTROLLER. 

104.  His  powers  and  duties. 

105.  Council  may  define  duties— transfer 
of  Clerk’s  financial  duties. 

106.  Record  of  bonds  issued  by  city. 

GENERAL  PROVISIONS. 

107.  Further  duties  may  be  required  of 
officers. 

108.  Appeal  to  finance  committee. 

109.  Who  may  appoint  subordinates— lia- 
bility. 

110.  F'oreign  insurance  companies  — li- 
cense, etc.,  penalties. 


88.  Fiscal  geari\  ^ 1.  The  fiscal  year  of  each  city  or  vil- 
lage organized  under  this  act  shall  commence  at  the  date  estab- 
lished  hy  law  for  the  annual  election  of  municipal  officers  therein, 
or  at  such  other  times  as  may  be  fixed  by  ordinance. 

89.  Annual  appropriation  ordinance.^  § 2.  The  City  Coun- 
cil of  cities,  and  Board  of  Trustees  in  villages,  shall,  within  the 
first  quarter  of  each  fiscal  year,  pass  an  ordinance,  to  be  termed 
the  annual  appropriation  bill,  in  which  sucli  corporate  authorities 
may  appropriate  such  sum  or  sums  of  money  as  may  be  deemed 
necessary  to  defray  all  necessary  exjieiises  and  liabilities  of  such 
corporation;  and  in  such  ordinance  sliall  specify  the  objects  and 
purposes  for  which  siich  appropriations  are  made,  and  the  amount 


P R E S E isr  T CHARTER. 


approj:>riated  for  each  object  or  purpose.  No  further  appropria- 
tions shall  be  made  at  any  other  time  within  such  fiscal  year, 
unless  the  proposition  to  make  each  appropriation  has  been  first 
sanctioned  by  a majority  of  the  legal  voters  of  such  city  or  village, 
either  by  a petition  signed  by  them,  or  at  a general  or  special 
election  duly  called  therefor.  [See  § 245,  253. 

90.  Limitation — emergency — horrotoing  money. §3.  Neither 
the  City  Co.uncil  nor  the  Board  of  Trustees,  nor  any  department 
or  officer  of  the  corporation,  shall  add  to  the  corporation  expend- 
itures in  any  one  year  anything  over  and  above  the  amount  pro- 
vided for  in  the  annual  appropriation  bill  of  that  year,  excej)t  as 
is  herein  otherwise  specially  provided;  and  no  expenditure  for  an 
improvement  to  be  paid  for  out  of  the  general  fund  of  the  corpo- 
ration shall  exceed,  in  any  one  year,  the  amount  provided  for 
such  improvement  in  the  annual  appropriation  bill;  Prodded., 
Juncecer.,  that  nothing  herein  contained  shall'  prevent  the  City 
Council  or  Board  of  Trustees  from  ordering,  by  a two-thirds  vote, 
any  improvement,  the  necessity  of  which  is  caused  by  any  casualty 
or  accident  happening  after  such  annual  appre^priation  is  made. 
The  City  Council  or  Board  of  Trustees  may,  by  a like  vote,  order 
the  Mayor  or  President  of  the  Board  of  Trustees  and  finance 
committee  to  borrow  a sufficient  amount  to  provide  for  the  ex- 
pense necessary  to  be  incurred  in  making  any  improvements,  the 
necessity  of  which  has  arisen  as  is  last  above  mentioned,  for  a 
space  of  time  not  exceeding  the  close  of  the  next  fiscal  year — 
which  sum,  and  the  interest,  shall  be  added  to  the  amount  au- 
thorized to  be  raised  in  the  next  general  tax  levy,  and  embraced 
therein.  Should  any  judgment  be  obtained  against  the  corpora- 
tion, the  Mayor,  or  President  of  the  Board  of  Trustees  and  finance 
committee,  under  the  sanction  of  the  City  Council  or  Board  of 
Trustees,  may  borrow  a sufficient  amount  to  pay  the  same,  for  a 
space  of  time  not  exceeding  the  close  of  the  next  fiscal  year — 
which  sum  and  interest  shall,  in  like  manner,  be  added  to  the 
amount  authorized  to  be  raised  in  the  general  tax  levy  of  the  next 
year,  and  embraced  therein.  [See  ^ 245. 

91.  (hmtracting  liabilities  Ihi cited. ^ ^ 4.  No  contract  shall  be 
hereafter  made  by  the  City  Council  or  Board  of  Tnistees,  or  any 
committee  or  member  thereof;  and  no  expense  shall  be  incui'i’od 
by  any  of  the  officers  or  departments  of  the  (‘oi-j^oration,  whether 
the  object  of  the  expenditure  shall  have  been  ordered  by  the  City 
Council  or  Board  of  Trustees  or  not,  uidess  an  appropriation  shall 
have  been  previously  made  concerning  such  expetise,  except  as 
herein  otherwise  expressly  provided.  [See  Crim.  Code,  ch.  38, 
g 208. 

92.  Duties  of  Treasurer. \ § 5.  The  'Ib’easurcu-  shall  receive 


76 


PRi:SENT  CHARTER. 


all  moneys  l)elono-ing  to  the  corporation,  and  shall  keep  his  books 
and  accounts  in  such  manner  as  may  be  prescribed  by  ordinance, 
and  such  books  and  accounts  shall  always  be  subject  to  the  in- 
spection of  any  member  of  the  City  Council  or  Board  of  Trustees. 

lid.  Separate  accounts.^  § 6,  He  shall  keep  a separate 
account  of  each  fuml  or  appropriation,  and  the  debts  and  credits 
belono-iiiP-  thereto. 

lid.  Iteceipts.^  § 7.  He  shall  give  every  person  paying 
money  into  the  treasury  a receipt  therefor,  specifying  the  date  of 
payment,  and  upon  what  account  paid;  and  he  shall  also  file  copies 
of  such  receipts  with  the  Clerk,  at  the  date  of  his  monthly  reports. 

05.  ^lonthhj  statements — warrants — muchers — register.^  § 8. 
The  Treasurer  shall,  at  the  end  of  each  and  every  month,  and 
oftener  if  recpiircd,  render  an  account  to  the  City  Council  or 
Board  of  Trustees,  or  such  officer  as  may  be  designated  by  ordi- 
najice,  (under  oath,)  showing  the  state  of  the  treasury  at  the 
date  of  such  account,  and  the  balance  of  the  money  in  the  treas- 
ury. He  shall  also  accompany  such  accounts  with  a statement  of 
all  moneys  received  into  the  treasury,  and  on  what  account,  to- 
gether with  all  warrants  redeemed  and  paid  by  him;  which  said 
warrants,  with  any  and  all  vouchers  held  by  him,  shall  be  deliv- 
ered to  the  Clerk,  and  filed  with  his  said  account  in  the  Clerk’s 
office,  upon  every  day  of  such  settlement.  He  shall  return  all 
warrants  ])aid  by  him  stamped  or  marked  “paid.”  He  shall  keep 
a register  of  all  warrants  redeemed  and  paid,  which  shall  describe 
such  warrants,  and  show  the  date,  amount,  number,  the  fund  from 
which  paid,  the  name  of  the  person  to  whom  and  when  paid. 

06.  Deposit  of  famU — separate  fro) n his. ^ § 9.  The  Treas- 

urer may  be  retjuired  to  keep  all  moneys  in  his  hands,  belonging 
to  the  corporation,  in  such  place  or  places  of  deposit  as  may  be 
designated  by  ordinance:  Prorided.,  however.,  no  such  ordinance 

shall  be  passed  l>y  which  the  custody  of  such  money  shall  be 
taken  from  the  Treasurer  and  deposited  elsewhere  than  in  some 
regularly  organized  bank,  nor  without  a bond  to  be  taken  from 
such  bank,  in  such  penal  sum  and  with  such  security  as  the  City 
Council  or  Board  of  Trustees  shall  direct  and  approve,  sufficient 
to  save  the  corporation  from  any  loss;  but  such  penal  sum  shall 
not  be  less  than  the  estimated  receipts  for  the  current  year  from 
taxes  and  special  assessments  levied  or  to  be  levied,  by  the  cor- 
poration. The  Treasui-er  shall  keep  all  moneys  belonging  to  the 
corporation  in  his  hands  separate  and  distinct  from  his  own 
moneys,  and  he  is  hereby  expressly  prohibited  from  using,  either 
directly  or  indirectly,  the  corporation  money  or  warrants  in  his 
custody  and  keeping,  for  his  owm  use  and  benefit,  or  that  of  any 
other  person  or  persons  whomsoever;  and  any  violation  of  this  pro- 


PRESENT  CHARTER. 


t'^IV 


vision  shall  subject  him  to  immediate  removal  from  office  by  the 
City  Council  or  Board  of  Trustees,  who  are  hereby  authorized  to 
declare  said  office  vacant;  and  in  which  case  his  successor  shall  be 
appointed,  who  shall  hold  his  office  for  the  remainder  of  the  term 
unexpired  of  such  officer  so  removed.  [See  “Crim.  Code,”  ch.  38, 

g 80,  81. 

97.  Treasurer’ annual  report — piihlication^  g 10.  The 

Treasurer  shall  report  to  the  City  Council  or  Board  of  Trustees, 
as  often  as  required,  a full  and  detailed  account  of  all  receipts 
and  expenditures  of  the  corporation,  as  shown  by  his  books,  up  to 
the  time  of  said  report,  and  he  shall,  annually,  between  the  first 
and  tenth  of  April,  make  out  and  file  with  the  Clerk  a full  and 
detailed  account  of  all  such  receipts  and  expenditures,  and  of  all 
his  transactions,  as  such  Treasurer,  during  the  ])recedino-  fiscal 
year,  and  shall  show  in  such  account  the  state  of  the  treasuiy  at 
the  close  of  the  fiscal  year;  which  account  the  clerk  shall  imme- 
diately cause  to  be  published  in  a newspaper  printed  in  such  city, 
if  there  be  one,  and  if  not,  then  by  postinor  the  same  in  a public 
place  in  the  Clerk’s  office. 

98.  W^arrants^  g 11.  All  warrants  drawn  upon  the  Treas- 
urer must  be  signed  by  the  Mayor  and  countersigned  by  the 
Clerk,  stating  the  jiarticular  fund  or  appropilation  to  which  the 
same  is  chargeable,  and  the  person  to  whom  payable;  and  no 
money  shall  be  otherwise  paid  than  upon  such  warrants  so  drawn, 
except  as  hereinafter  provided. 

99.  Special  a,ssessment  funds  kept  separate f g 12.  All 
moneys  received  on  any  special  assessment  shall  be  held  by  the 
Treasurer  as  a special  fund,  to  be  applied  to  the  payment  of  the 
improvement  for  which  the  assessment  was  made,  and  said  money 
shall  be  used  for  no  other  purpose  whatever,  unless  to  reimburse 
such  corporation  for  money  expended  for  such  improvement. 

CITY  COLLECTOR. 

100.  His  duties.lj^  g 13.  It  shall  be  the  duty  of  the  Collecb^r, 
when  one  is  appointed,  to  preserve  all  warrants  which  are  re- 
turmnl  into  his  hands,  and  he  shall  keep  such  books  and  his  ac- 
counts in  such  manner  as  the  City  Council  may  prescribe.  Such 
wan-ants,  books,  and  all  papers  pertaining  to  his  office,  shall  at 
all  times  be  open  to  the  inspection  of  and  subject  to  the  exami- 
nation of  the  Mayor,  City  Clerk,  any  memb(u-  of  the  Council,  or 
committee  thereof.  He  shall  wc(^kly,  and  oftener  if  recpiired  by 
the  Council,  pay  over  to  the  Trc^asurer  all  momys  coll(K;ted  by 
him  from  any  source  whatevei',  taking  such  d’reasurer’s  i(u;(ii])t 
therefor,  which  receipt  he  shall  immediately  file  with  the  City 


78 


P K E S E X T CHARTER. 


Clerk;  but  the  City  Clerk  shall,  at  the  time,  or  on  demand,  give 
such  Tax  Collector  a copy  of  any  such  receipt  so  filed. 

101.  He  shall  report,  etc. — pmhlicatlon?^  § 14.  He  shall 
make  a report,  in  writing,  to  the  Council^  or  any  officer  designated 
by  the  Council,  of  all  moneys  collected  by  him,  the  account 
whereon  collected,  or  of  any  other  matter  in  connection  with  his 
office,  when  required  by  the  Council  or  by  any  oi’dinance  of  the 
city.  He  shall  also,  annually,  between  the  first  and  tenth  of 
A])ril,  file  with  the  Cleilc  a statement  of  all  the  moneys  collected 
by  him  during  the  year,  the  particular  warrant,  special  assessment 
or  account  on  which  c(illected,  the  balasice  of  moneys  uncollected 
on  all  warrants  in  his  hands,  and  the  balance  remaining  uncol- 
lected at  the  time  of  the  return  on  all  warrants  which  he  shall 
have  returned,  during  the  j)receding  fiscal  year,  to  the  City  Clerk. 
The  City  Clerk  shall  puljlish  or  post  the  same,  as  hereinbefore  re- 
ouired  to  be  done  in  reo-ard  to  the  annual  report  of  the  Treasurer. 
[See  g 07. 

102.  H ot  to  detain  money — penalty. \ §15.  The  Collector  is 
hereby  exj)ressly  prohibited  from  keeping  the  moneys  of  the  city 
in  his  hands,  or  in  the  hands  of  any  person  or  corporation,  to  his 
use,  beyond  the  time  which  may  be  prescribed  for  the  payment  of 
the  same  to  the  Treasurer,  and  any  violation  of  this  provision 
will  subject  him  to  immediate  removal  from  office.  [See  Crim. 
Code,  cln  38,  § 80,  81. 

103.  Hxamination  of  his  hooks — paying  overf^  § 16.  All  the 
City  Collector’s  papers,  books,  warrants  and  vouchers  may  be 
examined  at  any  time  l)y  the  Mayor  or  Clerk,  or  any  member  of 
the  City  Council;  and  the  Collector  shall  every  two  weeks,  or 
oftener  if  the  City  Council  so  direct,  pay  over  all  money  collected 
by  him  from  any  person  or  persons,  or  associations,  to  the  Treas- 
urer, taking  his  receipt  therefor  in  duplicate,  one  of  which  re- 
ceipts he  shall  at  once  file  in  the  office  of  the  Clerk. 

CITY  COMPTROLLER. 

104.  His  powers  and  duties.\  § 17.  The  City  Comj^troller 
(if  there  shall  be  any  City  Comptroller  appointed,  if  not,  then  the 
Clerk)  shall  exercise  a general  supervision  over  all  the  officers  of 
the  corporation  charged  in  any  manner  with  the  receipt,  collec- 
tion or  disbursement  of  corporation  revenues,  and  the  collection 
and  return  of  all  such  revenues  into  the  treasury.  He  shall  have 
the  charge,  custody  and  control  of  all  deeds,  leases,  warrants, 
V()uch(u-s,  books  and  j)apers  of  any  kind,  the  custody  and  control 
of  which  is  not  herein  givcui  to  any  other  officer's;  and  he  shall,  on 
or  before  the  fifteenth  day  of  May,  in  each  year,  and  before  the 


PRESENT  CHARTER.. 


79 


annual  appropriations  to  he  made  by  the  City  Council  or  Board 
of  Trustees,  submit  to  the  City  Council  or  Board  of  Trustees  a 
report  of  his  estimates,  as  nearly  as  may  be,  of  moneys  necessary 
to  defray  the  expenses  of  the  corporation  during-  the  current  fiscal 
year.  He  shall,  in  said  report,  class  the  different  objects  and 
branches  of  expenditures,  giving,  as  nearly  as  may  be,  the  amount 
required  for  each;  and  for  the  purpose  of  making  such  report,  he 
is  authorized  to  require  of  all  officers  tlieir  statement  of  the  con- 
dition and  expenses  of  their  respective  offices  or  departments, 
with  any  proposed  improvements  and  the  [)robable  expense  there- 
of, all  contracts  made  and  unfinished,  and  the  amount  of  any  and 
all  unexpended  appropriations  of  the  preceding  year.  He  shall, 
in  such  report,  show  the  aggregate  income  of  the  preceding  fiscal 
year,  from  all  sources,  the  amount  of  liabilities  outstanding  upon 
which  interest  is  to  be  paid,  the  bonds  and  debts  payable  dining 
the  year,  when  due  and  when  payable;  and  in  such  report  he 
shall  give  such  other  information  to  the  Council  or  Board  of 
Trustees  as  he  may  deem  necessary,  to  the  end  that  the  City 
Council  or  Bqard  of  Trustees  may  fully  understand  the  money 
exigencies  and  demands  upon  the  corporation  for  the  current  year. 

105.  (Jouncil  may  define  the  d'uties — transfer  of  (JlerJfsfi’/)ian- 
cial  dutiesf\  § 18.  When  there  shall  be  appointed  in  any  city 
a Comptroller,  the  City  Council  may,  by  ordinance  or  resolution, 
confer  upon  him  such  powers,  and  provide  for  the  performance  of 
such  duties  by  him,  as  the  City  Council  shall  deem  necessary  and 
proper;  and  all  the  provisions  of  this  act  relating  to  the  duties  of 
City  Clerk,  or  the  powers  of  City  Clerk  in  connection  with  tlie 
finances,  the  Treasurer  and  Collector,  or  the  receipt  and  dis- 
bursements of  the  moneys  of  such  city,  shall  be  exercised  and 
performed  by  such  Comptroller,  if  one  there  shall  be  ap})ointed; 
and  to  that  end  and  purpose,  wherever  in  this  act  heretofore  the 
word  “Clerk”  is  used,  it  shall  be  held  to  mean  “Comptroller;” 
and  wherever  the  “Clerk’s  office”  is  referred  to,  it  shall  be  held  to 
mean  “Comptroller’s  office.” 

100.  Record  of  bonds  issued  by  city ^ 19.  The  Comptroller, 
when  there  shall  be  a Comptroller,  and  if  not,  then  the  Clerk, 
shall  keep  in  his  office,  in  a book  or  liooks  kept  expressly  for  that 
purj)ose,  a correct  list  of  all  the  outstanding  bonds  of  the  city, 
showing  the  number  and  amount  of  each,  for  and  to  whom  the 
said  bonds  are  issued;  and  when  any  city  bonds  are  })urchased,  or 
])aid,  or  canceled,  said  book  or  books  shall  show  the  fact;  and  in 
his  annual  report  he  shall  descrilxq  ])articularly,  the  bonds  sold 
during  the  year,  and  the  terms  of  sale,  with  cm(9i  and  every  item 
of  expense  thereof. 


80 


r K E S E 5s'  T C H A K T E E . 


GENERAL  PROVISIONS. 

107.  Further  duties  muy  he  re(pdredd\  § 20.  The  Collector 
and  Treasurer,  and  all  otlnn-  officers  connected  with  the  receipt 
and  expenditure  of  money,  shall  jierform  such  other  duties,  and 
he  subject  to  such  other  rules  and  reo-ulatiojis  as  the  City  Coun- 
cil or  Board  of  Trustees  may,  from  time  to  time,  by  ordinance, 
pi-ovide  and  establish. 

108.  Appexd  to  finance  committee^  § 21.  In  the  adjustment 
of  the  accounts  of  the  Collector  or  Treasurer  with  the  Clerk  (or 
Comptroller  if  there  shall  be  one),  there  shall  be  an  appeal  to  the 
finance  committee  of  the  Council  or  Board  of  Trustees,  whose 
decision  in  all  matters  of  controversy  arising  between  said  officers 
shall  be  binding,  unless  the  City  Council  or  Board  of  Trustees 
shall  otherwise  direct  and  ]:>rovide. 

100.  ho  ma]i  appoint  subordinates^  § 22.  The  Comptrol- 
ler (if  thei'e  shall  be  one),  the  Clerk,  Treasurer  and  Collector, 
shall,  severally,  appoint  such  various  clerks  and  subordinates  in 
their  respective  offices  as  the  City  Council  or  Board  of  Trustees 
may  authorize,  and  shall  be  held,  severally,  responsible  for  the 
fidelity  of  all  j^ersons  so  appointed  by  them. 

110.  Foreiyn  insurance  companies — licenses^  etc. — 2)enalties. 
^ 28.  All  corporations,  companies  or  associations  not  incorpo- 
rated under  the  laws  of  this  State,  engaged  in  any  city  in  effect- 
ing lire  insurance,  shall  pay  to  the  Treasurer  the  sum  of  $2  upon 
the  '^100  of  the  net  receipts  by  their  agency  in  such  city,  and  at 
that  rate  upon  the  amount  of  all  premiums  which,  during  the 
half  year  ending  on  every  first  day  of  July  and  January,  shall 
have  been  received  for  any  insurance  effected,  or  agreed  to 
be  effected  in  the  cit\’-  or  village,  by  or  with  such  corporation, 
companies  or  associations,  respectively.  Every  person  who  shall 
act  in  any  city  or  village  as  agent  or  otherwise,  for  or  on  be- 
half of  any  such  corporation,  company  or  association,  shall  on 
or  before  the  fifteenth  day  of  July  and  January,  in  each  year, 
render  to  the  Comptroller  (if  any  there  be,  if  not,  to  the  Clerk,) 
a full,  true  and  just  account,  verified  by  his  oath,  of  all  pre- 
miums which,  during  the  half  year  ending  on  every  first  day 
of  July  and  January  preceding  such  report,  shall  have  been  re- 
ceived by  him,  (n-  any  other  person  for  him,  in  behalf  of  any  such 
cor])oration,  company  or  association,  and  shall  specify  in  said 
account  the  amounts  received  for  fire  insurance.  Such  agents 
shall  also  pay  over  to  the  Treasurer,  at  the  time  of  rendering 
the  aforesaid  account,  the  amount  of  rates  for  which  the  com- 
pany or  companies  rejnesented  by  them  are  severally  charge- 
able by  virtue  heieof.  Jf  such  account  be  not  rendered  on  or 


PRESENT  CHARTER. 


81 


before  the  day  hereinbefore  designated  for  that  purpose,  or  if  the 
said  rates  shall  remain  unpaid  after  that  day,  it  shall  be  uidavv- 
ful  for  any  corporation,  company  or  association  so  in  default  to 
transact  any  business  of  insurance  in  any  such  city  or  village, 
until  the  said  requisitions  shall  have  been  fully  complied  with; 
but  this  provision  shall  not  relieve  any  company  from  the  pay- 
ment of  any  risk  that  may  l)e  taken  in  violation  hereof.  Afiy 
person  or  persons  violating  any  of  the  provisions  of  this  section 
shall  be  subject  to  indictment,  and  upon  conviction  thereof,  in 
any  court  of  competent  jurisdiction,  shall  be  fined  in  any  sum 
not  exceeding  $1,000,  or  imprisoned  not  exceeding  six  months,  or 
both,  in  the  discretion  of  the  court.  Said  rates  may  also  be  re- 
covered of  such  corporation,  company  or  association,  or  its  agent, 
by  action  in  the  name  and  for  the  use  of  any  such  city  or  village, 
as  for  money  had  and  received  for  its  use:  Provided^  that  this 
section  shall  only  apply  to  such  cities  and  villages  as  have  an 
organized  fire  department,  or  maintain  some  (organization  for  the 
prevention  of  fires.  [See  “Insurance,”  ch.  73,  § 30. 


ARTICLE  VIII. 


OF  THE  ASSESSMENT  AND  COLLECTION  OF  TAXES. 


Section. 

111.  Ordinance  levying  tax. 

112.  Manner  of  collecting. 
11.^.  Time  of  paying  over. 


Section. 

114.  When  tax  levied  for  particular  pur- 
pose. 

115.  Tax  to  be  uniform. 


111.  Ordinance  levying  tax.^  § 1.  The  City  Council  in  cities, 
and  Board  of  Trustees  in  villages,  may  assess  and  collect  taxes 
for  corporate  purposes,  in  the  following  manner:  The  City  Coun- 
cil or  Board  of  Trustees,  as  the  case  may  be,  shall,  on  or  liefore 
the  second  Tuesday  in  Sej)temher  (August),  in  each  year,  ascer- 
tain the  total  amount  of  appropriations  for  all  corporate  purposes, 
legally  made,  and  to  be  collected  from  the  tax  levy  of  that  fiscal 
year,  and  by  ordinance  levy  and  assess  such  amount,  so  ascer- 
tained, upon  the  real  and  personal  property  within  the  city  or 
village  subject  to  taxation,  as  the  same  is  assessed  for  State  and 
county  purposes  for  the  current  year.  A certified  copy  of  such 
ordinance  shall  be  filed  with  the  County  Clerk  of  the  jiroper 
county,  whose  duty  it  shall  be  to  ascertain  the  rate  per  cent, 
which,  upon  the  total  valuation  of  all  property  sidqectto  taxation 
within  the  city  or  village,  as  the  same  is  assessed  and  e({ualized 
for  State  and  county  purposes,  will  produce  a netauK'mnt  not  less 
than  the  amount  so  directed  to  be  h; vied  and  assessed ; and  it  shall 
() 


82 


PRESENT  CHARTER. 


be  the  duty  of  the  County  Clerk  to  extend  such  tax,  in  a separate 
column,  upon  the  book  or  books  of  the  Collector  or  Collectors  of 
State  and  county  taxes  within  such  city  or  village.  [See  § 114. 
“Revenue,”  ch.  120,  § 122. 

112.  Manner  of  collecting?^  § 2.  The  tax  so  assessed  shall 
be  collected  and  enforced  in  the  same  manner  and  by  the  same 
officers  as  State  and  county  taxes,  and  shall  be  paid  over  by  the 
officers  collecting  the  same  to  the  Treasurer  of  the  city  or  village. 

113.  Time  of  paying  omr?\  § 3.  It  shall  be  the  duty  of  the 
officer  collecting  such  tax  to  settle  with  and  pay  over  to  such 
Treasurer,  as  often  as  once  in  two  weeks  from  the  time  he  shall 
commence  the  collection  thereof,  all  such  taxes  as  he  shall  then 
have  collected,  till  the  whole  tax  collected  shall  be  paid  over. 
[See  “Revenue,”  ch.  120,  § 138,  164,  167,  243,  244. 

114.  When  tax  levied  for  particular  2)aipose.^  § 4.  When- 
ever any  city  or  village  is  required  to  levy  a tax  for  the  payment 
of  any  particular  debt,  appropriation  or  liability  of  the  same,  the 
tax  for  such  purpose  shall  be  included  in  the  total  amount 
assessed  by  the  City  Council  or  Board  of  Trustees,  and  certified 
to  the  County  Clerk  as  aforesaid;  but  the  City  Council  or  Board 
of  Trustees  shall  determine,  in  the  ordinance  making  such  assess- 
ment, what  proportion  of  such  total  amount  shall  be  applicable  to 
the  payment  of  such  particular  debt,  appropriation  or  liability; 
and  the  city  or  village  Treasurer  shall  set  apart  such  proportion 
of  the  tax  collected  and  paid  to  him  for  the  payment  of  such  par- 
ticular debt,  appropriation  or  liability,  and  shall  not  disburse  the 
same  for  any  other  purpose  until  such  debt,  appropriation  or  lia- 
bility shall  have  been  discharged. 

] 15.  Uniformity.^  § 5.  All  taxes  levied  or  assessed  by  any 
city  or  village,  except  special  assessments  for  local  improvements, 
shall  be  uniform  upon  all  taxable  property  and  persons  within  the 
limits  of  the  city,  and  no  property  shall  be  exempt  therefrom 
other  than  such  property  as  may  be  exempt  from  taxation  under 
the  Constitution  and  general  laws  of  the  State.  [See  Const.,  art. 
9,  §9. 


PRESENT  CHARTER. 


83 


ARTICLE  IX. 


SPECIAL  ASSESSMENTS  FOR  LOCAL  IMPROVEMENTS. 


Section. 

116.  Powers  conferred. 

117.  Ordinance  for  improvement. 

118.  When  property  is  taken. 

119.  Petition. 

120.  Form  of  petition. 

121.  Summons— publication— notice. 

122.  Hearing— jury. 

123.  Jury  to  ascertain  compensation— ad- 
mitting other  parties. 

124.  Viewing  premises— ownership,  etc. 

125.  Judgment— new  parties — further  pro- 
ceedings. 

126.  Powers  of  court. 

127.  Ownership  —further  powers  of  court. 

128.  Persons  under  disability. 

129.  Judgment — effect — appeal,  etc. 

130.  Order  for  possession. 

131.  When  improvement  made  by  general 
tax. 

132.  Special  taxation. 

SPECIAL  ASSESSMENT. 

133.  How  made. 

134.  Ordinance  for  — sidewalks— owner’s 
rights. 

135.  Estimate  of  cost. 

136.  Order  for  proceedings  In  court. 

137.  Petition  to  court. 

138.  Appointment  of  commissioners  — 
oath. 

1.39.  Duty  of  commissioners. 

140.  Assessment  roll — return. 

141.  Notice  by  mail,  posting  and  publica- 
tion. 

142.  Proof  of  notice. 


Section. 

143.  Continuance  when  notice  not  in  time . 

144.  Objections— judgment  by  default. 

145.  Hearing— jury. 

146.  Precedence. 

147.  Court  may  modify,  etc.,  the  assess- 
ment. 

148.  Judgment  several,  appeal,  etc. — lien. 

149.  Judgment  certified  to  City  Clerk— fil- 
ing—warrant. 

150.  Form  of  warrant. 

1.51.  Collector’s  notice  form  of. 

152.  Manner  of  collecting— entry  of  pay- 
ment. 

153.  Report  of  delinquent  list  to  County 
Collector— evidence — defense. 

154.  Application  for  judgment — what  laws 
govern. 

155.  Return  of  sales— redemption. 

156.  Penalty  when  lands  paid  are  sold  for 
tax,  etc. 

1.57.  Paying  over— compensation. 

158.  General  revenue  laws  apply. 

159.  City  or  village  may  buy  in. 

160.  When  assessment  set  aside  — new 
assessment. 

161.  Supplemental  assessments. 

162.  N ew  assessments  against  delinquents 
—lien— limitation. 

163.  Contracts  payable  from  assessments. 

164.  How  contracts  let— approval. 

'165.  Lien. 

166.  Collection  of  assessments  by  suit. 

167.  Supplemental  petition  to  assess  ben- 
efits in  condemnation  case. 

168.  Adoption  of  this  article. 


116.  Powers  conferred.^  § 1.  Tliat  the  corporate  authorities 
of  cities  and  villages  are  hereby  vested  with  power  to  make  local 
improvements  by  special  assessment  or  liy  special  taxation,  or 
both,  of  contiguous  property,  or  general  taxation,  or  otherwise, 
as  they  shall  bv  ordinance  prescribe.  [See  Const.,  art.  9,  § 9; 
“Plats,”  ch.  109“  § 1-10. 

117.  Ordinance  for  irnprovement.^  §2.  When  any  such  city 
or  village  shall,  by  ordinance,  provide  for  the  making  of  any  local 
improvement,  it  shall,  by  the  same  ordinance,  jirescribe  whether 
the  same  shall  be  made  by  a special  assessment  or  by  s]>ecial  tax- 
ation of  contiguous  property,  or  gemu-al  taxation,  or  both. 


84 


P K E S E X T C II  A K T E Pv  . 


118.  V^lien  property  is  taken^  e^c.]  § 3.  Should  said  ordi- 

nance provide  for  improvements  which  require  the  taking  or 
damaging  of  property,  the  proceeding  for  making  just  compensa- 
tion therefor  shall  be  as  follows; 

119.  Petition.^  § 4.  Whenever  any  such  ordinance  shall  be 
passed  by  the  legislative  authorit}^  of  any  such  city  or  village,  for 
the  making  of  any  improvement  mentioned  in  the  first  section  of 
this  act,  or  any  other  local  improvement  that  such  city  or  village 
is  authorized  to  make,  the  making  of  which  will  require  that  pri- 
vate property  be  taken  or  damaged  for  public  use,  such  city  or 
village  shall  file  a petition  in  some  court  of  record  of  the  count}^ 
in  which  such  city  is  situated,  in  the  name  of  the  city,  praying  that 
“the  just  compensation  to  be  made  for  private  property  to  be 
taken  or  damaged  for  the  improvement,  or  purpose  specified  in 
such  ordinance,  shall  be  ascertained  bv  a jury.”  [See  Const.,  art. 
2,  §13. 

120.  Form  of  petition?^  § 5.  Such  petition  shall  contain  a 
copy  of  the  said  ordinance,  certified  by  the  Clerk,  under  the  cor- 
porate seal;  a reasonably  accurate  description  of  the  lots,  parcels 
of  land  and  property  which  will  be  taken  or  damaged,  and  the 
names  of  the  owners  and  occupants  thereof,  so  far  as  known  to 
the  Board  or  officer  filing  the  petition,  and  where  any  known 
owners  are  non-residents  of  the  State,  stating  the  fact  of  such 
non-residence. 

121.  Summons — pnihlimtion — noticef^  § 6.  Upon  the  filing 
of  the  petition  aforesaid,  a summons,  wdiich  may  be  made  return- 
able upon  any  day  in  term  time,  shall  be  issued  and  served  upon 
the  persons  made  parties  defendant,  as  in  cases  in  chancery.  And 
in  case  any  of  them  are  unknown,  or  reside  out  of  this  State,  the 
Clerk  of  the  court,  upon  an  .affidavit  being  filed  showing  such  fact, 
shall  cause  publication  to  be  made  in  some  newspaper  printed  in 
his  county,  or  if  there  lie  no  newspaper  published  in  his  county, 
then  in  some  newspaper  published  in  this  State,  containing 
notice  of  the  pendency  of  such  proceeding,  the  parties  thereto, 
the  title  of  the  court,  and  the  time  and  place  of  the  return  of 
the  summons  in  the  case,  and  the  nature  of  said  proceeding; 
such  publication  to  be  made  for  four  weeks  consecutively,  at  least 
once  in  each  week,  the  first  of  whic-h  shall  be  at  least  thirty  days 
before  the  return  day  of  such  summons.  Notices  so  given  by 
publication  shall  be  sufficient  to  authorize  the  court  to  hear  and 
determine  the  suit,  as  though  all  parties  had  been  sued  by  their 
proper  names  and  had  been  personall}"  served. 

122.  Fenriny—jury.^  § 7.  Upon  the  return  of  said  sum- 
mons, or  as  soon  thereafter  as  the  Inisiness  of  the  court  will  per- 
mit, the  said  court  shall  proceed- to  the  hearing  of  such  petition. 


P E E S E N T C II  A E T E K . 


85 


and  shall  impanel  a jury  to  ascertain  the  just  compensation  to  be 
paid  to  all  of  such  owners  and  occupants  aforesaid;  but  if  any 
defendant  or  party  in  interest  shall  demand,  or  the  court  shall 
deem  it  proper,  separate  juries  may  be  impaneled  as  to  the 
compensation  or  damages  to  be  paid  to  any  one  or  more  of 
such  defendants  or  parties  in  interest. 

123.  Jury  to  ascertain  compensation  — admitting  other  par- 
ties^ § 8.  Such  jury  shall  also  ascertain  the  just  compensation 
to  be  paid  to  any  person  claiming  an  interest  in  any  lot,  parcel  of 
land  or  property  which  may  be  taken  or  damaged  by  such  im- 
provement, whether  or  not  such  person’s  name,  or  such  lot,  par- 
cel of  land,  or  other  property,  is  mentioned  or  described  in  such 
petition:  Prodded^  such  person  shall  first  be  admitted  as  a party 
defendant  to  said  suit  by  such  court,  and  shall  file  a statement  of 
his  interest  in  and  description  of  the  lot,  parcel  of  land,  or  other 
property  in  respect  to  which  he  claims  compensation. 

124.  Vieiomg  premises — oumership^  etc?\  § 9.  The  court 
may,  upon  the  motion  of  such  city  or  village,  or  of  any  person 
claiming  any  such  compensation,  direct  that  said  jury  (under  the 
charge  of  an  officer  of  the  court)  shall  view  the  premises  which 
it  is  claimed  by  any  party  to  said  proceeding  will  be  taken  or 
damaged  by  said  improvement,  and  in  any  case,  where  there  is  no 
satisfactory  evidence  given  to  the  jury  as  to  the  ownership  of,  or 
as  to  the  extent  of  the  interest  of  any  defendant  in  the  property 
to  be  taken  or  damaged,  the  jury  may  retui*n  their  verdict  as  to 
the  compensation  or  damage  to  be  paid  foi‘  the  property  or  part 
of  property  to  be  taken  or  damaged,  and  for  the  entire  interests 
therein. 

125.  Judgment — new  parties— further  proceedings?^  § 10. 

Upon  the  return  of  such  verdibt,  the  court  shall  order  the  same  to 
be  recorded,  and  shall  enter  such  judgment  or  decree  thereon  as 
the  nature  of  the  case  may  recjuire.  The  court  shall  continue  or 
adjourn  the  cause,  from  time  to  time,  as  to  all  occu[)ants  and 
owners  named  in  such  petition  who  shall  not  have  been  served 
with  process,  or  brought  in  by  publication,  and  shall  order  a new 
summons  to  issue  and  new  publication  to  be  made;  and  upon 
such  occujiants  or  owners  being  brought  into  court,  shall  impanel 
a jury  to  ascertain  the  compensation  so  to  be  jiaid  to  such  defend- 
ant or  defendants,  for  private  property  taken  or  damaged;  and 
like  proceeding  shall  be  had  for  such  [)urpose  as  hereinbefore  pro- 
vided for  the  ascertaining  of  compensation  to  other  owners. 

126.  Poioers  cf  court. ^ § 11.  The  court  shall  have  })Ower,  at 
any  time,  u[)on  proof  that  any  such  owner  or  owners  named  in 
such  petition,  who  has  not  been  served  with  process,  has  ceased 
to  be  such  owner  or  owners  since  the  filing  of  such  petition,  to 


86 


PRESENT  CHARTER. 


impanel  a jury  and  ascertain  the  just  compensation  to  be  made 
for  the  property  (or  the  damage  thereto)  which  had  been  owned*^ 
by  the  person  or  persons  «o  ceasing  to  own  the  same;  and  the 
court  may,  upon  any  finding  or  findings  of  any  jury  or  juries,  or 
at  any  time  during  the  course  of  such  proceedings,  enter  such 
order,  rule,  judgment  or  decree  as  the  nature  of  the  case  may  re- 
quire. 

127.  Ownership— further  p>owers  of  courti\  § 12.  No  delay 
in  making  an  assessment  of  compensation  shall  be  occasioned  by 
any  doubt  or  contest  which  may  arise  as  to  the  ownership  of  the 
property,  or  any  part  thereof,  or  as  to  the  interests  of  the  respect- 
ive owners  or  claimants,  but  in  such  case  the  court  may  impanel  a 
jury  and  ascertain  the  entire  compensation  or  damage  that  should 
be  paid  for  the  property,  or  part  of  property,  and  the  entire  in- 
terests of  all  parties  therein,  and  may  require  adverse  claimants 
to  interplead  so  as  to  fully  determine  their  rights  and  interests 
in  the  compensation  so  ascertained.  And  the  court  may  make 
such  order  as  may  be  necessary  in  regard  to  the  deposit  or  pay- 
ment of  such  compensation. 

128.  Persons  under  disability^  § 13.  When  it  shall  appear, 
from  said  petition  or  otherwise,  at  any  time  during  the  proceed- 
ings upon  such  petition,-  that  any  infant,  or  insane  or  distracted 
person,  is  interested  in  any  property  that  is  to  be  taken  or  dam- 
aged, the  court  shall  appoint  a guardian,  ad  litem^  for  such  infant 
or  insane  or  distracted  person,  to  appear  and  defend  for  him,  her 
or  them;  and  the  court  shall  make  such  order  or  decree  as  it  shall 
deem  proper  to  protect  and  secure  the  interest  of  such  infant,  or 
insane  or  distracted  person,  in  such  property,  or  the  compensation 
which  shall  be  awarded  therefor. 

129.  Judgment — effect — appeal,,  etc?\  § 14.  Any  final  judg- 
ment or  judgments,  rendered  by  said  court,  upon  any  finding  or 
findings  of  any  jury  or  juries  shall  be  lawful  and  sufficient  con- 
demnation of  the  land  or  property  to  be  taken  upon  the  payment 
of  the  amount  of  such  finding  as  hereinafter  provided.  It  shall 
be  final  and  conclusive  as  to  the  damages  caused  by  such  im- 
provement, unless  such  judgment  or  judgments  shall  be  appealed 
from;  but  no  appeal  or  writ  of  error  upon  the  same  shall  delay 
proceedings  under  said  ordinance,  if  such  city  or  village  shall  de- 
posit, as  directed  by  the  court,  the  amount  of  the  judgment  and 
costs,  and  shall  file  a bond  in  the  court  in  which  such  judgment 
was  rendered  in  a sum  to  be  fixed  and  with  security  to  be  ap- 
proved by  the  judge  of  said  court,  which  shall  secure  the  payment 
of  any  future  compensation  which  may  at  any  time  be  finally 
awarded  to  such  party  so  appealing  or  suing  out  such  writ  of 
error,  and  his  or  her  costs. 


PRESENT  CHARTER. 


87 


130.  Order  for  possession^  § 15.  The  court,  upon  proof  that 
said  just  compensation  so  found  by  the  jury  has  been  paid  to  the 
person  entitled  thereto,  or  has  been  deposited  as  directed  by  the 
court  (and  bond  given  in  case  of  any  appeal  or  writ  of  error),  shall 
enter  an  order  that  the  city  or  village  shall  have  the  right,  at  any 
time  thereafter,  to  take  possession  of  or  damage  the  property,  in 
respect  to  which  such  compensation  shall  have  been  so  paid  or  de- 
posited, as  aforesaid. 

131.  When  improvement  made  by  general  tax.^  § 16.  When 
the  ordinance  under  which  said  improvement  is  ordered  to  be 
made  shall  provide  that  such  improvenient  shall  be  made  by  gen- 
eral taxation,  the  cost  of  such  improvement  shall  be  added  to  the 
general  appropriation  bill  of  such  city  or  village,  and  shall  be 
levied  and  collected  with  and  as  a part  of  the  general  taxes  of 
such  city  or  village. 

132.  Special  taxation.^  § 17.  When  said  ordinance  under 
which  said  local  improvement  shall  be  ordered  shall  provide  that 
such  improvement  shall  be  made  by  special  taxation  of  contig- 
uous property,  the  same  shall  be  levied,  assessed  and  collected  in 
the  way  provided  in  the  sections  of  this  act  providing  for  the 
mode  of  making,  levying,  assessing  and  collecting  special  assess- 
ments. 

SPECIAL  ASSESSMENT. 

133.  How  made  ] § 18.  When  the  ordinance  under  which 

said  local  improvement  is  ordered  to  be  made  shall  provide  tliat 
such  improvement  shall  be  wholly  or  in  part  made  by  special 
assessment,  the  proceedings  for  the  making  such  special  assess- 
ment shall  be  in  accordance  with  the  sections  of  this  act  [article] 
from  18  to  51,  inclusive. 

134.  Ordinance  for — sidewalks — owner'' s rights?^  § 19.  When- 
ever such  local  improvements  are  to  be  made  wholly  or  in  part  by 
special  assessment,  the  said  Council  in  cities,  or  Board  of  Trus- 
tees in  villages,  shall  pass  an  ordinance  to  that  effect,  specifying 
therein  the  nature,  character,  locality  and  description  of  such  im- 
provement: Provided^  that  whenever  any  such  ordinance  shall 
provide  only  for  the  building  or  renewing  of  any  sidewalk,  the 
owner  of  any  lot  or  piece  of  land  fronting  on  such  sidewalk  shall 
be  allowed  fifteen  days  after  the  time  at  which  such  ordinance 
shall  take  effect  in  which  to  build  or  renew  such  sidewalk  oppo- 
site his  land,  and  thereby  relieve  the  same  from  assessment:  Pro- 
vided^ that  the  work  so  to  be  done  shall  in  all  respects  conform  to 
the  requirements  of  such  ordinance. 

135.  Estimate  of  cost ^ § 20.  The  City  Council  or  Board  of 

Trustees  shall  appoint  three  of  its  members,  or  any  other  three 


88 


PRESE?4T  CHARTER. 


competent  persons,  who  shall  make  an  estimate  of  the  cost  of  the 
improvement  contemplated  by  such  ordinance,  including  labor, 
materials,  and  all  other  expenses  attending  the  same,  and  the  cost 
of  making  and  levying  the  assessment,  and  shall  report  the  same 
in  writing  to  said  Council  or  Board  of  Trustees. 

136.  Order  for  ijvoceedings  in  court^  § 21.  On  such  report 
being  made,  and  approved  by  the  Council  or  Board  of  Trustees, 
as  the  case  may  be,  it  may  order  a petition  to  be  filed  by  such 
officer  as  it  shall  direct,  in  the  county  court  of  its  county,  for  pro- 
ceedings to  assess  the  cost  of  such  improvement  in  the  manner 
provided  in  this  act. 

13?.  Petition  to  courtd[  § 22.  The  petition  shall  be  in  the 
name  of  the  corporation,  and  shall  recite  the  ordinance  for  the 
proposed  improvement  and  the  report  of  such  commission,  and 
shall  pray  that  the  cost  of  such  improvement  may  be  assessed  in 
the  manner  prescribed  by  law. 

138.  Appointment  of  commissioners — oath.^  § 23.  Upon  the 
filing  of  such  petition  the  court  shall  appoint  three  competent 
persons  as  commissioners,  who  shall  take  and  subscribe  an  oath, 
in  substance  as  follows,  to- wit: 

State  of  Illinois,  | 

County.  ) 

We,  the  undersigned,  commissioners,  appointed  by  the  county  court  of county, 

to  assess  the  cost  of (here  state  in  general  terms  the  improvement),  do  solemnly 

swear  (or  affirm,  as  the  case  may  he,)  that  we  will  a true  and  impartial  assessment  make 

of  the  cost  of  said  improvement  upon  the  city  (or  village)  of  , and  the  property 

benefited  by  such  improvement,  to  the  best  of  our  ability  and  according  to  law. 

139.  Duty  of  commissioners.^  § 24.  It  shall  be  the  duty  of 
such  commissioners  to  examine  the  locality  where  the  improve- 
ment is  proposed  to  be  made,  and  the  lots,  blocks,  tracts  and 
parcels  of  land  that  will  be  specially  benefited  thereby,  and  to 
estimate  what  proportion  of  the  total  cost  of  such  improvement  will 
be  of  benefit  to  the  public,  and  what  proportion  thereof  will  be  of 
benefit  to  the  property  to  be  benefited,  and  apportion  the  same  be- 
tween the  city  or  village  and  such  property,  so  that  each  shall  bear 
its  relative  equitable  proportion,  and  having  found  said  amounts, 
to  apportion  and  assess  the  amount  so  found'lo  be  of  benefit  to  the 
property  upon  the  several  lots,  blocks,  tracts  and  parcels  of  land 
in  the  proportion  in  which  they  will  be  severally  benefited  by 
such  improvement:  Provided.,  that  no  lot,  block,  tract  or  parcel 
of  land  shall  be  assessed  a greater  amount  than  it  will  be  actually 
benefited:  And.^  provided f further.^  that  it  shall  not  be  necessary 
for  said  commissioners  to  examine  the  locality  except  where  the 
ordinance  provides  for  the  opening,  widening  or  imj^rovement  of 
streets  and  alleys. 

[§  25  -repealed  by  act  approved  April  25,  1873.] 


PRESENT  CHARTER. 


89 


140.  Assessment  roll — return.^  § 26.  They  shall  also  make 
or  cause  to  be  made  an  assessment  roll,  in  which  shall  appear  the 
names  of  the  owners,  so  far  as  known,  a description  of  each  lot, 
block,  tract  or  parcel  of  land,  and  the  amount  assessed  as  special 
benefits  thereto,  and  in  which  they  shall  set  down  as  ac:ainst  the 
city  or  vdllage  the  amount  they  shall  have  found  as  public  benefit, 
and  certify  such  assessment  roll  to  the  court  by  which  they  were 
appointed,  at  least  ten  days  before  the  first  day  of  the  term  at 
which  a final  hearing  thereon  shall  be  had. 

141.  Notice  hy  mail^  postiny  and  publication § 27.  It 
shall  also  be  the  duty  of  such  commissioners  to  give  notice  of 
such  assessment,  and  of  the  term  of  court  at  which  a final  hearing 
thereon  will  be  had,  in  the  followino;  manner: 

First — They  shall  send  by  mail  to  each  owner  of  premises 
assessed,  whose  name  and  place  of  residence  is  known  to  them, 
a notice,  substantially  in  the  following  form: 

Mr.  Your  (here  give  a short  description  of  the  premises,)  is  assessed  S 

for  public  improvement.  The  assessment  roll  will  be  returned  to  the term  of  the 

county  court  of county.  

(Here  give  date.)  


Commissioners. 

Second — They  shall  cause  at  least  ten  days’  notice  to  be  given, 
by  posting  notices  in  at  least  four  public  places  in  such  city  or 
village,  two  of  which  shall  be  in  the  neighborhood  of  such  pro- 
posed improvement,  and  when  a daily  newspaper  is  published  in 
such  city  or  village,  by  publishing  the  same  at  least  five  succes- 
sive days  in  such  daily  newspaper,  or  if  no  daily  newspaper  is 
published  in  such  city  or  village,  and  a weekly  newspa})er  is  pub- 
lished therein,  then  at  least  once  in  each  week,  for  two  successive 
weeks,  in  such  weekly  newspaper,  or  if  no  daily  or  weekly  news- 
paper is  published  in  such  city  or  village,  then  in  a newspaper 
published  in  the  county  in  which  such  city  or  village  is  situated. 
The  notice  may  be  substantially  as  follows: 

SPECIAL  ASSESSMENT  NOTICE. 

Notice  is  hereby  glveu  to  all  persons  interested,  that  the  City  Council  (or  Board  of 
Trustees,  as  the  case  may  be,)  of , having  ordered  that  (here  insert  the  descrip- 

tion and  nature  of  improvements  substantially  as  in  ordinance,)  have  applied  to  the 

county  court  of county  for  an  assessment  of  the  cost  of  said  imi)rove- 

ments,  according  to  benefits:  and  aii  assessment  thereof  having  been  made  and  returned 

to  said  court,  the  final  hearing  thereon  will  be  had  at  the  term  of  said  court, 

commencing  on  the day  of , A.  D.  18..  All  persons  desiring  may  then 

and  there  appear  and  make  their  defense. 


(Here  give  date.) 


Commissioners. 

142.  Proof  of  notice.^  ^ 28.  Oii  or  before  the  final  hearing. 


90 


PRESENT  CHARTER. 


the  affidavit  of  one  or  more  of  the  commissioners  shall  be  filed  in 
said  court,  stating  that  they  have  sent  or  caused  to  be  sent  by  mail, 
to  the  owners  whose  premises  have  been  assessed,  and  whose 
name  and  place  of  residence  are  known  to  them,  the  notice  here- 
inbefore required  to  be  sent  by  mail  to  owners  of  premises 
assessed.  They  shall  also  cause  to  be  filed  the  affidavit  of  the 
person  who  shall  have  posted  the  notices  required  by  this  act  to 
be  posted,  setting  forth  when  and  in  what  manner  the  same  were 
posted.  Such  affidavits  shall  be  received  prima  facie  evidence 
of  a compliance  with  this  act  in  regard  to  giving  such  notices. 
They  shall  also  file  a certificate  of  publication  of  said  notice  in 
like  manner  as  is  required  in  other  cases  of  publication  of  notices. 

143.  Contimiance  ichen  notice  not  in  § 29.  If  ten 

days  shall  not  have  elapsed  between  the  first  publication  or  the 
putting  up  of  such  notices  and  the  first  day  of  the  next  term  of 
such  court,  the  hearing  shall  be  continued  until  the  next  term  of 
court. 

144.  Objections— judgment  by  default.^  § 30.  Any  person 
interested  in  any  real  estate  to  be  affected  by  such  assessment, 
may  appear  and  file  objections  to  such  report,  and  the  court  may 
make  such  order  in  regard  to  the  time  of  filing  such  objections  as 
may  be  made  in  cases  at  law  in  regard  to  the  time  of  filing  pleas. 
As  to  all  lots,  blocks,  tracts  and  parcels  of  land  to  the  assessment 
of  which  objections  are  not  filed  within  the  time  ordered  by  the 
court,  default  tnay  be  entered,  and  the  assessment  confirmed  by 
the  court. 

145.  Hearing — jury^  § 31.  On  the  hearing,  the  report  of 
the  commissioners  shall  be  competent  evidence,  and  either  party 
may  introduce  such  other  evidence  as  may  tend  to  establish  the 
rio’ht  of  the  matter.  The  hearincr  shall  be  conducted  as  in  other 
cases  at  law,  and  if  it  shall  appear  that  the  premises  of  the  objec- 
tor are  assessed  more  or  less  than  they  will  be  benefited,  or  more 
or  less  tlian  their  proportionate’share  of  the  cost  of  the  improve- 
ment, the  jury  shall  so  find,  and  also  find  the  amount  for  which 
such  premises  ought  to  be  assessed,  and  judgment  shall  be  ren- 
dered accordingly. 

146.  Precedence j § 32.  The  hearing  in  all  cases  arising  under 
this  act  shall  have  precedence  over  all  other  cases  in  such  court, 
except  criminal  cases. 

147.  Court  may  modify^  etc.^  the  assessment.^  § 33.  The 
court  before  which  any  such  proceeding  may  be  pending  shall 
have  authority,  at  any  time  before  final  adjournment  [judgment], 
to  modify,  alter,  change,  annul  or  confirm  any  assessment  re- 
turned, as  aforesaid,  or  cause  any  such  assessment  to  be  recast  by 
the  same  commissioners  whenever  it  shall  be  necessary  for  the 


PRESENT  CHARTER. 


91 


attainment  of  justice,  or  may  appoint  other  commissioners  in  the 
place  of  all  or  any  of  the  commissioners  first  appointed,  for  the 
purpose  of  making  such  assessment,  or  modifying,  altering,  chang- 
ing or  recasting  the  same,  and  may  take  all  such  proceedings  and 
make  all  such  orders  as  may  be  necessary  to  make  a true  and  just 
assessment  of  the  cost  of  such  improvement  according  to  the 
principles  of  this  act,  and  may  from  time  to  time,  as  may  be  nec- 
essary, continue  the  application  for  that  purpose  as  to  the  whole 
or  any  part  of  the  premises. 

148.  Judgment  several — apgyeal^  etc. — lien?\  § 34.  The  judg- 
ment of  the  court  shall  have  the  effect  of  a several  judgment  as 
to  each  tract  or  parcel  of  land  assessed,  and  any  appeal  from  such 
judgment  or  writ  of  error  shall  not  invalidate  or  delay  the  judg- 
ment, except  as  to  the  property  concerning  which  the  appeal  or 
writ  of  error  is  taken.  Such  judgment  shall  be  a lien  upon  the 
property  assessed,  from  the  date  thereof  until  payment  shall  be 
made. 

149.  Judgment  certified  to  City  Clerk — filing — warrant?^  § 35. 
The  clerk  of  the  court  in  which  such  judgment  is  rendered  shall 
certify  the  assessment  roll  and  judgment  to  the  clerk  of  such  city 
or, village,  or  if  there  has  been  an  appeal  or  writ  of  error  taken 
on  any  part  of  such  judgment,  then  he  shall  certify  such  part  of 
the  judgment  as  is  not  included  in  such  appeal  or  writ  of  error. 
The  clerk  of  the  city  or  village  shall  fde  such  certificate  in  his 
office,  and  issue  a warrant  for  the  collection  of  such  assessment. 

150.  Form  of  warrant.^  § 36.  The  warrant  in  all  cases  of 
assessment  under  this  act  shall  contain  a copy  of  such  certificate 
of  the  judgment,  describing  the  lots,  blocks,  tracts  or  parcels  of 
land  assessed,  and  the  respective  amounts  assessed  on  each  lot, 
block,  tract  or  parcel  of  land,  and  shall  be  delivered  to  the  officer 
authorized  to  collect  such  special  assessments.  Such  warrant 
shall  give  sufficient  authority  to  collect  the  assessments  therein 
specified. 

151.  Collectors  notice — -form  o/*.]  § 37.  The  Collector  re- 
ceiving such  warrant  shall  immediately  give  notice  thereof  by 
publishing  such  notice  in  one  or  more  newspapers  in  such  city  or 
village,  if  such  newspaper  is  there;  and  if  there  is  no  such  news- 
paper, then  by  posting  four  copies  thereof  in  public  places  along 
the  line  of  the  proposed  improvement.  Such  notice  may  be  sub- 
stantially in  the  following  form  ; 

SPECIAL  ASSESSMENT  NOTICE.  SPECIAL  WARRANT  No.  ... 

Public  notice  is  hereby  given  that  the  (here  insert  title  of  court)  has  rendered  .judg- 
ment for  a special  assessment  upon  property  benefited  by  the  following  improvement 
(here  insert  the  character  and  location  of  the  improvement  in  general  terms)  as  will  more 
fully  appear  from  the  certified  copy  of  the  judgment  on  file  in  the  office  of  the  clerk  of 


92 


PRESENT  CHARTER. 


the  city  (or  vill;ige)  of ; that  a warrant  for  the  collection  of  mich  aBseesmentP  is  in 

the  hands  of  the  undersigned.  All  persons  interested  are  hereby  notified  to  call  and  pay 
the  amounts  assessed,  at  the  Collector’s  office  (here  insert  location  of  office)  within  thirty 
days  from  the  date  hereof. 

Dated  this day  of , A.D.  18 

, Collector. 

152.  Manner  of  collecting  — entry  of  paymenti\  § 38.  It 
shall  be  the  duty  of  the  Collector  into  whose  hands  the  warrant 
shall  so  come,  as  far  as  practicable,  to  call  upon  all  persons  resi- 
dent within  the  corporation  whose  names  appear  on  the  assess- 
ment roll,  or  the  occupants  of  the  property  assessed,  and  person- 
ally, or  by  written  or  printed  notice  left  at  his  or  her  usual  place 
of  abode,  inform  them  of  such  assessment,  and  request  payment 
of  the  same.  Any  such  Collector  omitting  so  to  do  shall  be  liable 
to  a penalty  of  $10  for  every  such  omission,  but  the  validity  of 
the  special  assessment,  or  the  right  to  apply  for  and  obtain  judg- 
ment for  any  such  special  [assessment,]  shall  not  be  alfected  by 
such  omission.  It  shall  be  the  duty  of  such  Collector  to  write  the 
word  “ paid  ” opposite  each  tract  or  lot  on  which  the  assessment 
is  paid,  together  with  the  name  and  post  office  address  of  the  per- 
son making  the  payment,  and  date  of  payment. 

153.  Report  of  delinquent  list  to  County  Collector — evidence 
— defensed^  § 3ffi  It  shall  be  the  duty  of  the  Collector  of  spe- 
cial assessments,  within  such  time  as  the  City  Council  or  Board 
of  Trustees  may  by  ordinance  ]>rovide,  to  make  a report  in  writ- 
ing— to  the  general  officer  of  the  county  authorized-,  or  to  be 
designated  by  the  general  revenue  law  of  this  State,  to  apply  for 
judgment  and  sell  lands  for  taxes  due  the  county  and  State  — of 
all  the  lands,  town  lots  and  real  property  on  which  he  shall  have 
been  unable  to  collect  special  assessments,  with  the  amount  of 
special  assessments  due  and  unpaid  thereon,  together  with  his 
warrant,  or  with  a brief  description  of  the  nature  of  the  warrant 
or  warrants  received  by  him  authorizing  the  collection  thereof; 
which  report  shall  be  accompanied  with  the  oath  of  the  Collec- 
tor that  the  list  is  a correct  return  and  report  of  the  lands,  town 
lots  and  real  property  on  which  the  special  assessments  levied 

by  authority  of  the  city  of (or  village  of , as  the 

case  may  be,)  remain  due  and  unpaid;  that  he  is  unable  to  collect 
the  same  or  any  part  thereof,  and  that  he  has  given  the  notice 
required  by  law  that  said  warrants  had  been  received  by  him  for 
collection.  Said  report,  when  so  made,  shall  prima  facie  evi- 
dence that  all  the  forms  and  requirements  of  the  law  in  relation 
to  making  said  return  have  been  complied  with,  and  that  the 
special  assessments  mentioned  in  said  report  are  due  and  unpaid. 
And,  upon  the  application  for  judgment  upon  such  assessment, 
no  defense  or  objection  shall  be  made  or  heard  which,  might  have 


PRESENT  CHARTER. 


93 


been  interposed  in  the  })roceeding  for  the  making  of  such  assess- 
ment, or  the  application  for  the  confirmati(fn  thereof. 

154.  Ajyplication  for  judgment — what  laws  govern.^  § 40, 
When  said  general  officer  shall  receive  the  report  provided  for  in 
the  preceding  section,  he  shall  at  once  proceed  to  obtain  judg- 
ment against  said  lots,  parcels  of  land  and  property -for  said  spe- 
cial assessments  remaining  due  and  unpaid,  in  the  same  manner 
as  is  or  may  be  by  law  provided  for  obtaining  judgment  against 
lands  for  taxes  due  and  unpaid  the  county  and  State;  and  shall  in 
the  same  manner  proceed  to  sell  the  same  for  the  said  special 
assessments  remaining  due  and  unpaid.  In  obtaining  said  judg- 
ment and  making  said  sale,  the  said  officer  shall  be  governed  by 
the  general  revenue  laws  of  this  State,  except  when  otherwise 
provided  herein.  [See  “Revenue,”  ch.  120,  § 182,  seq. 

155.  Return  of  sales — redemqMon.^  § 41.  After  making  said 

sales,  the  list  of  lots,  parcels  of  land  and  property  sold  thereat 
shall  be  returned  to  the  office  of  the  County  Clerk,  and  redemption 
may  be  made  as  provided  for  by  the  general  revenue  law  of  this 
State.  [See  “Revenue,”  ch.  120,  § 210-215.  ^ 

156.  Penalty  vdien  lands  paid  are  sold  for  tax^  etc.^  § 42. 
If  the  Collector  shall  receive  any  moneys  for  taxes  or  assessments, 
giving  a receipt  therefor  for  any  land  or  parcel  of  land,  and  after- 
wards return  the  same  as  unpaid  to  the  State  officers  authorized 
to  sell  lands  for  taxes,  or  shall  receive  the  same  after  making  such 
return,  and  the  same  be  sold  for  tax  or  assessment  which  has  been 
so  paid  and  receipted  for  by  himself  or  his  clerks,  he  and  his  bond 
shall  be  liable  to  the  holder  of  the  certificate  given  to  the  pur- 
chasers at  the  sale,  for  double  the  amount  of  the  face  of  the  cer- 
tificate, to  be  demanded  in  two  years  from  the  date  of  the  sale, 
and  recovered  in  any  court  having  jurisdiction  of  the  amount; 
and  the  city  or  village  shall,  in  no  case,  be  liable  to  the  holder  of 
such  certificate. 

157.  Paying  oner — comq)ensation.^  § 43.  The  Collector  or 
Collectors,  and  the  general  officer  aforesaid,  to  whom  the  said 
warrant  shall  be  returned,  shall  pay  over  to  the  city  or  village 
Treasurer  to  which  it  shall  belong  all  moneys  collected  by  them, 
res])ectively,  upon  or  by  virtue  of  such  warrant,  or  upon  any  sale 
for  taxes  or  otherwise,  at  such  time  or  times,  and  in  such  manner 
as  shall  be  prescribed  by  ordinance,  and  shall  be  allowed  such 
compensation  for  their  services  in  the  collection  of  such  assess-** 
ment  as  the  ordinances  of  the  city  or  village  may  provide,  except 
when  sucli  compensation  is  fixed  by  general  law. 

158.  General  revenue  laws  apply. ^ § 44.  The  general  reve- 

nue laws  of  this  State,  in  reference  to  ])roceedings  to  recover 
judgments  for  delinquent  taxes,  the  sale  of  property  thereon,  the 


94 


PEESEXT  C HARTER. 


# 


execution  of  certificates  of  sale  and  deeds  thereon,  the  force  and 
effect  of  such  sales  aiKl  deeds,  and  all  other  laws  in  relation  to 
the  enforcejiient  and  collection  of  taxes  and  redemption  from  tax 
sales,  except  as  herein  otherwise  provided,  shall  be  applicable  to 
proceedings  to  collect  such  special  assessment.  [See  ‘‘Revenue,” 
ch.  1‘20,  §^191-2*25. 

159.  City  or  village  may  buy  m.]  § 45.  Any  city  or  village 

interested  in  the  collection  of  any  tax  or  special  assessment,  may 
become  a purchaser  at  any  sale  of  real  or  personal  property  to 
enforce  the  collection  of  the  same,  and  ma}',  b\’  ordinance,  au- 
thorize and  make  it  the  duty  of  one  or  more  city  or  village  officers 
to  attend  such  sales,  and  bid  thereat  in  behalf  of  the  corporation. 

160.  When  assessment  set  aside — neic  assessment.^  § 46.  If 
any  assessment  shall  be  annulled  by  the  City  Council  or  Board  of 
Trustees,  or  set  aside  by  any  court,  a new  assessment  may  be 
made  and  returned,  and  like  notice  given  and  proceedings  had, 
as  herein  required  in  relation  to  the  first;  and  all  parties  in  inter- 
est shall  have  the  like  rio-hts,  and  the  City  Council  or  Board  of 
Trustees  mid  court  shall  perform  like  duties  and  have  like  power 
in  relation  to  any  subsequent  assessment,  as  are  hereby  given  in 
relation  to  the  first  assessment. 

161.  Supplemental  § 47.  If,  in  any  case,  the 

first  assessment  prove  insufficient,  a second  may  be  made  in  the 
same  manner,  as  nearly  as  may  be,  and  so  on,  until  sufficient 
moneys  shall  have  been  realized  to  pay  for  such  public  improve- 
ment. If  too  large  a sum  shall,  at  any  time,  be  raised,  the  excess 
shall  be  refunded  ratably  to  those  by  whom  it  was  paid. 

162.  CCew  assessments  against  delinquents — lien — limitation.^ 
§ 48.  If,  from  any  cause,  any  city  or  village  shall  fail  to  collect 
the  whole  or  any  portion  of  any  special  assessment  which  may  be 
levied,  which  shall  not  be  canceled  and  set  aside  by  the  order  of 
any  court,  for  any  public  improvement  authorized  to  be  made  and 
paid  for  by  special  assessment,  the  City  Council  or  Board  of  Trus- 
tees may,  at  any  time  within  five  years  after  the  confirmation  of 
the  original  assessment,  direct  a new  assessment  to  be  made 
upon  the  delinquent  property  for  the  amount  of  such  deficiency, 
and  interest  thereon  from  the  date  of  such  original  assessment — 
which  assessment  shall  be  made,  as  near  as  may  be,  in  the  same 
manner  as  is  herein  prescribed  for  the  first  assessment.  In  all  cases 
where  partial  payment  shall  have  been  made  on  such  former  as- 
sessment, they  shall  be  credited  or  allowed  on  the  new  assessment 
to  the  property  for  which  they  were  made,  so  that  the  assessment 
shall  be  equal  and  impartial  in  its  results.  If  such  new  assess- 
ment prove  ineffectual,  either  in  whole  or  in  part,  the  CiU*  Coun- 
cil or  Board  of  Trustees  may,  at  any  time  within  said  period  of 


PRESENT  CHARTER. 


95 


five  years,  order  a third,  and  so  on,  to  be  levied  in  the  same  man- 
ner and  for  the  same  purpose;  and  it  shall  constitute  no  legal  ob- 
jection to  such  assessment  that  the  property  may  have  changed 
hands,  or  been  encumbered,  subsequent  to  the  date  of  the  original 
assessment,  it  being  the  true  intent  and  meaning  of  this  section 
to  make  the  cost  and  expense  of  all  public  improvements,  to  be 
paid  for  by  a special  assessment,  a charge  upon  the  property  as- 
sessed therefor,  for  the  full  period  of  five  years,  from  the  confirm- 
ation of  the  original  assessment,  and  for  such  longer  period  as 
may  be  required  to  collect,  in  due  course  of  law,  any  new  assess- 
ment ordered  within  that  period. 

163.  Contracts  2^ay  able  from  assessments.^  § 49.  All  persons 
taking  any  contracts  with  the  city  or  village,  and  who  agree  to  be 
paid  from  special  assessments,  shall  have  no  claim  or  lien  upon 
the  city  or  village  in  any  event,  except  from  the  collections  of  the 
special  assessments  made  for  the  work  contracted  for. 

164.  How  contracts  let — § 50.  All  contracts  for 

the  making  of  any  public  improvement,  to  be  paid  for  in  whole  or 
in  part  by  a special  assessment,  and  any  work  or  other  public 
improvement,  when  the  expense  thereof  shall  exceed  |500,  shall 
be  let  to  the  lowest  responsible  bidder,  in  the  manner  to  be  pre- 
scribed by  ordinance — such  contracts  to  be  approved  by  the 
Mayor  or  President  of  the  Board  of  Trustees:  Provided.,  hoio- 

any  such  contract  may  be  entered  into  by  the  ])roper  officer 
without  advertising  for  bids,  and  without  such  approval,  by  a vote 
of  two-thirds  of  all  the  Aldermen  or  Trustees  elected. 

165.  g 51.  All  special  assessments  levied  by  any  city 
or  village  under  this  act,  shall  from  the  date  of  assessment,  be  a 
lien  upon  the  real  estate  upon  which  the  same  may  be  imposed, 
and  such  lien  shall  continue  until  such  special  assessments  are 
paid.  And  the  same  proceedings  may  be  resorted  to  by  the  Col- 
lector, upon  any  warrant  or  order  issued  or  made  for  the  collection 
of  special  assessments,  as  in  the  case  of  the  collection  of  State 
and  county  taxes  under  the  general  laws  of  the  State. 

166.  Collection  by  suit.^  § 52.  At  any  time  after  the  same 
becomes  due,  it  shall  and  may  be  lawful  for  any  Collector  thereof 
to  commence  suit  in  any  court  of  record,  in  the  corporate  name 
of  such  city  or  village,  against  any  person  or  persons,  for  the  total 
amount  of  special  assessments  which  such  person  or  persons  are 
liable  for  the  payment  of.  Such  suit  shall  be  commenced  by 
petition,  and  shall  state  the  several  amounts  of  the  special  assess- 
ments sought  to  be  recovered,  and  give  a general  description  of 
the  warrant  or  warrants  issued  for  the  collection  thereof.  Upon 
the  filing  of  the  petitioii  a summons  shall  be  issued,  served  and 


9G 


PRESENT  CHARTER. 


returned  as  in  other  suits  in  such  court.  Upon  the  return  of  such 
summons,  duly  served,  the  court  shall  forthwith  proceed  to  the 
hearing  of  said  petition  without  formal  pleadings,  and  may  render 
judgment  for  all  or  any  part  of  the  special  assessments,  as  the 
right  and  justice  of  the  case  may  require.  The  original,  or  a cer- 
tified copy  (by  the  Clerk,  under  the  corporate  seal,)  of  such  war- 
rant or  warrants  and  list  or  lists,  or  so  much  thereof  as  refers  to 
the  special  assessments  soug'ht  to  be  recovered,  shall  be  pvima 
facie  evidence  of  the  right  of  said  collector  to  a judgment  in  favor 
of  such  corporation.  Execution  shall  issue  on  such  judgment  as  in 
other  cases,  but  such  execution  may  be  first  levied  upon  and  col- 
lected from  any  personal  property  of  the  defendant;  or  the  court, 
in  which  such  proceedings  were  had,  may,  upon  complaint  of  the 
city  or  village,  issue  a scire  facias  against  the  person  or  persons 
liable  for  such  payment,  to  show  cause  why  execution  should  not 
issue  against  him  or  them  for  the  amount  of  such  assessment;  and 
if,  upon  the  return  of  such  scire  facias^  good  cause  is  not  shown 
why  execution  should  not  issue,  the  court  may  award  execution 
against  such  person  or  persons  in  the  usual  form  of  execution 
upon  judgments  at  law. 

167.  Suppleme7ital  p)etition  to  assess  benefits  in  condemnation 
case.^  § 53.  Whenever  any  city  or  village  shall  apply  to  any 
court  for  the  purpose  of  making  just  compensation  for  property 
taken  or  damaged  by  such  proceedings  as  are  authorized  by  this 
act,  such  city  or  village  may  file  in  the  same  proceeding  a sup- 
plemental petition,  praying  the  court  to  cause  that  an  assessment 
be  made  for  the  purpose  of  raising  the  amount  necessary  to  pay 
the  compensation  and  damages  which  may  be  or  shall  have  been 
awarded  for  the  property  taken  or  damaged,  with  the  costs  of  the 
proceeding.  The  said  court  shall  have  power,  at  any  time  after 
any  such  supplemental  petition  shall  have  been  filed,  to  appoint 
three  commissioners  to  make  such  assessment,  and  to  ascertain, 
as  near  as  may  be,  the  cost  incurred  to  the  time  of  such  appoint- 
ment, and  the  probable  further  costs  of  the  proceedings,  includ- 
ing therein  the  estimated  costs  of  making  and  collecting  such 
assessment,  and  shall  direct  such  costs  to  be  included  by  such 
commissioners  in  making  said  assessment.  Like  proceedings  in 
making  said  assessment  shall  be  had,  and  the  assessment  shall  be 
made,  collected  and  enforced  in  the  same  manner,  as  near  as  may 
be,  as  is  j)rovided  in  this  article  in  other  cases. 

168.  Adoptio7i  of  this  article.^  § 54.  Any  city  or  incorporated 
town  or  village  may,  if  it  shall  so  determine  by  ordinance,  adopt 
the  provisions  of  this  article  without  adopting  the  whole  of  this 
act;  and  where  it  shall  have  so  adopted  this  article,  it  shall  have 
the  right  to  take  all  j^roceedings  in  this  article  provided  for,  and 
have  the  benefit  of  all  the  provisions  hereof. 


/ 


PRESENT  C ; II  A R T E R , 


97 


ARTICLE  X. 


MISCELLANEOUS  PKOVISIONS-WATER. 


Section. 

1(59.  Water— borrow  mone}’^  therefor. 

ITO.  Acquirino;  property  for  water  works 
—jurisdiction  over. 

171.  Regulatious—rates— taxation,  etc. 

172.  Tax-payer  may  enforce  rights  in  name 
of  city. 


Section. 

173.  Maps— approval  of. 

174.  Inhabitants,  competent  as  jurors,  etc. 

175.  Population— census. 

176.  Municipal  year. 

177.  City  or  village  need  not  give  appeal 
bond. 


I(i9.  Water — borrov:)  money  therefor § 1.  The  City  Council 
or  Board  of  Trustees  shall  have  the  power  to  provide  for  a supply 
of  water  by  the  boring'  and  sinking  of  artesian  wells,  or  by  the  con- 
struction and  regulation  of  wells,  pumps,  cisterns,  reservoirs  or 
water  works,  and  to  borrow  money  therefor,  and  to  authorize  any 
person  or  private  corporation  to  construct  and  maintain  the  same 
at  such  rates  as  may  be  fixed  by  ordinance,  and  for  a period  not 
exceeding  thirty  years;  also  to  ]>revent  the  unnecessary  waste  of 
water;  to  prevent  the  pollution  of  the  water,  and  injuries  to  such 
wells,  pumps,  cisterns,  reservoirs  or  water  works.  [See  § 227-336. 

170.  Acquiring  qwoqjerty  for  water  works — ■jurisdictio'n  over.] 
§2.  For  the  purpose  of  establishing  or  supplying  water  works, 
any  city  or  village  may  go  beyond  its  territorial  limits,  and  may 
take,  hold  and  acquire  property  by  purchase  or  otherwise;  shall 
have  power  to  take  and  condemn  all  necessary  lands  or  property 
therefor,  in  the  manner  provided  for  the  taking  or  injuring  pri- 
vate property  for  public  uses;  and  the  juris'diction  of  the  city 
or  village  to  prevent  or  punish  any  pollution  or  injury  to  the 
stream  or  source  of  water,  or  to  such  water  works,  shall  extend 
five  miles  beyond  its  corporate  limits,  or  so  far  as  such  water 
works  may  extend.  [See  § 229,  also  “Eminent  Domain,”  ch.  47. 

171.  Regulations — rates,  taxation^  etc?\  § 3.  The  City  Coun- 
cil or  Board  of  Trustees  shall  have  power  to  make  all  needful 
rules  and  regulations  concerning  the  use  of  watei'  supplied  by  the 
water  works  of  said  city  or  village,  and  to  do  all  acts  and  make 
such  rules  and  regulations  for  the  construction,  completion,  man- 
agement or  control  of  the  water  works,  and  for  the  levying  and 
collecting  of  any  water  taxes,  rates  or  assessments,  as  the  said 
City  Council  or  Board  of  Trustees  may  deem  necessary  and  ex- 
pedient; and  such  water  taxes,  rents,  rates  or  assessments  may  be 
levied  or  assessed  upon  any  lot  or  parcel  of  ground,  having  a 
building  or  buildings  thei-eon,  which  shall  al)ut  or  join  any  sti-eet, 
avenue  or  alley  in  sucli  city  or  village  through  which  the  distrib- 

7 


98 


PRESENT  CHARTER. 


uting  pipes  of  such  water  works  (if  any)  of  said  city  or  vdllage 
are  or  may  be  laid,  which  can  be  conveniently  supplied  with  water 
from  said  pipes:  Provided^  [whether]  the  water  shall  be  used  on 

such  lot  or  parcel  of  ground  or  not;  and  the  same,  when  so  levied 
or  assessed,  shall  become  a continuing  lien  or  charge  upon  such 
lot  or  parcel  of  ground,  building  or  buildings,  situated  thereon, 
and  such  lien  or  charge  may  be  collected  or  enforced  in  such 
manner  as  the  City  Council  may,  by  ordinance  prescribe.  And 
the  corporate  authorities  may  levy  a general  tax  for  the  construc- 
tion and  maintenance  of  such  water  works,  and  appropriate  money 
therefor. 

172.  Tax-payer  may  enforce  Tights  in  name  of  city ^ etc.  § 4. 
A suit  may  be  brought  by  any  tax-payer,  in  the  name  and  for  the 
benefit  of  the  city  or  village,  against  any  person  or  corporation,  to 
recover  any  money  or  property  belonging  to  the  city  or  village, 
or  for  any  money  which  may  have  been  paid,  expended,  or  re- 
leased without  authority  of  law:  Provided.^  that  such  tax-payer 
shall  file  a bond  for  all  costs,  and  be  liable  for  all  costs  in  case  the 
city  or  village  be  cast  in  the  suit,  and  judgment  shall  be  rendered 
accordingly. 

173.  Maps — approval  ofl\  § 5.  The  City  Council  or  Board 
of  Trustees  shall  have  power  to  provide,  by  ordinance,  that  any 
map,  plat,  or  subdivision  of  any  block,  lot,  sub-lot,  or  part  there- 
of, or  of  any  piece  or  parcel  of  land,  shall  be  submitted  to  the 
City  Council  or  Board  of  Trustees,  or  to  some  officer  to  be  desig- 
nated by  such  Council  or  Board  of  Trustees,  for  their  or  his  ap- 
proval; and  in  such  cases  no  such  map,  plat  or  subdivision  shall 
be  entitled  to  record  in  the  proper  county,  or  have  any  validity 
until  it  shall  have  been  so  approved.  [See  “Recorders,”  ch.  115, 
§ 1'^- 

174.  Inhabitants  competent  as  jurors.,  etc?^  § 6.  No  person 
shall  be  an  incompetent  judge,  justice  or  juror,  by  reason  of  his 
being  an  inhabitant  or  freeholder  in  said  city  or  village,  in  any 
action  or  proceeding  in  which  said  city  or  village  may  be  a party 
in  interest. 

175.  Population — census.^  § 7.  Whenever  in  this  act  any 
provision  thereof  is  based  upon  the  number  of  inhabitants,  [the 
number  of  inhabitants]  of  the  city  or  village  shall  be  determined 
l)y  reference  to  the  latest  census  taken  by  authority  of  the  United 
States  or  this  State,  or  of  such  city  or  village;  and  it  shall  be  the 
duty  of  the  Secretary  of  State,  upon  the  publication  of  any  State 
or  United  States  census,  to  certify  to  each  city  or  village  the 
number  of  iidiabitants,  as  shown  by  such  census.  Any  city  or 
village  may,  by  ordinance,  provide  for  the  taking  of  a census  of 
the  population  thereof,  in  order  to  determine  the  number  of  such 


PRESENT  CHARTER. 


99 


population  for  any  and  all  purposes  of  this  act.  And  the  several 
courts  in  this  State,  shall  take  judicial  notice  of  the  population  of 
any  city  or  village,  as  tlie  same  may  appear  from  the  latest  Fede- 
ral, State,  city  or  village  census  so  taken. 

176.  Municipal  year^  § 8.  The  term  “municipal  year” 
shall  be  construed  to  mean  the  period  elapsing  between  the  regu- 
lar annual  election,  unless  otherwise  provided  by  ordinance. 

177.  (Jity  or  milage  need  not  give  appeal  bond.]  § 9.  When 
in  any  suit  the  city  or  village  prays  an  appeal  from  the  judgment 
of  any  court  of  this  State  to  a higher  court,  it  shall  not  be  re- 
quired to  furnish  an  appeal  bond. 


ARTICLE  XI. 

OP  THE  ORGANIZATION  OF  VILLAGES. 

This  article,  except  the  sixteenth  section  thereof,  having  reference  solely  to  villages, 

is  omitted. 

193.  N~o  incorporation  allowed  under  former  laics.^  § 10. 
After  the  taking  effect  of  this  act,  no  town  or  city  shall  become 
incorporated  under  any  other  general  law  then  in  force  for  the 
incorporation  of  towns  or  cities. 


The  foregoing  is  the  law  as  it  appears  in  the  revision  of  1874. 
Since  then  the  following  amendments  have  been  made: 

I. 

CITIES  AND  VILLAGES. 

AN  ACT  to  amend  section  ten  (10),  of  arcticle  five  (5),  of  “An  act  to  provide  for  the  incor- 
poration of  cities  and  villages,”  approved  April  10,  1872. 

Section  1.  Be  it  enacted  by  the  Peoj)le  (f  the  State  of  Illi- 
nois^ represented  in  the  General  Assembly^  That  section  10,  of 
article  5,  of  said  act,  be  amended  so  as  to  read  as  follows,  viz: 
Jurisdiction  over  umters — street  labor.  “ § 10.  The  city  or 
village  government  shall  have  jurisdiction  upon  all  waters  within 
or  bordering  on  the  same,  to  the  extent  of  three  miles  beyond 
the  limits  of  the  city  or  village,  but  not  to  exceed  the  limits 
of  the  State;  and  may  by  ordinance,  require  every  able-bodied 
male  inhabitant  of  such  city  or  village,  above;  the  age  of  twentv- 
one  years  and  under  the  age  of  fifty  years,  (excepting  paupers, 


100 


PRESENT  CHARTER. 


idiots,  lunatics  and  such  others  as  are  exempt  by  law,)  to  labor 
on  the  streets  and  alleys  of  such  city  or  village,  not  more  than 
three  days  in  each  year,  but  such  ordinance  shall  provide  for 
commutation  of  such  labor  at  not  more  than  one  dollar  and  fifty 
cents  per  day.” 

Approved  April  10,  1875. 


II. 

OF  THE  ORGANIZATION  OF  CITIES. 

AN  ACT  to  amend  an  act  entitled  “An  act  to  provide  for  the  incorporation  of  cities  and 
villages,”  approved  April  10,  18T2.  Approved  May  25,  1877.  In  force  July  1,  1877. 

Section  1.  How  towns  may  become  cities. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illi- 
nois^ represented  in  the  General  Assembly^  That  section  four  (4) 
of  article  one  (1)  of  an  act  entitled,  “An  act  to  provide  for  the 
incorporation  of  cities  and  villages,”  approved  April  10,  1872,  be 
amended  so  as  to  read  as  follows: 

“§  4.  IIoic  toums  may  become  cities.^  Any  incorporated  town 
or  village,  in  this  State,  having  a population  of  not  less  than  one 
thousand  (1,000)  inhabitants,  may  become  incorporated  as  a city 
in  like  manner  as  hereinbefore  provided;  but  in  all  such  cases  the 
President  and  Trustees  of  such  town  or  village  shall,  respectively, 
perform  the  same  duties  relative  to  such  change  of  organization 
as  is  above  required  to  be  performed  by  the  Mayor  and  Council  of 
cities. 

Approved  May  25,  1877. 


III. 

ELECTION  OF  CITY  OFFICERS. 

AN  ACT  to  amend  section  one  of  article  four  of  an  act  entitled  “An  act  to  provide  for  the 
incorporation  of  cities  and  villages,”  approved  April  10,  1872.  Approved  and  in 
force  March  9,  1877. 

Section  1.  Annual  election. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illi- 
nois represented  in  the  General  uA^ssemblip  That  section  one  of 
article  four  of  an  act  entitled  “An  act  to  jirovide  for  the  incorpo- 
ration of  cities  and  villages,”  approved  April  10,  1872,  be  and  the 
same  is  hereby  amended,  so  that  hereafter  it  shall  read  as  follows: 


PRESENT  CHARTER. 


101 


§ 1.  Antlual  election.^  A general  election  for  city  officers 
shall  be  held  on  the  third  Tuesday  of  April,  of  each  year:  Pro- 
vided^ that  in  cities  which  include  wholly  within  their  corporate 
limits  a town  or  towns,  such  election  shall  be  held  on  the  first 
Tuesday  of  April. 

§ 2.  [Emergency  clause — omitted.] 

Approved  March  9,  1877. 


IV. 

ELECTION  OF  MAYOR,  CITY  CLERK,  ATTORNEY  AND  TREASURER. 

AN  ACT  to  amend  an  act  entitled  “An  act  to  provide  for  the  incorporation  of  cities 
and  villages,”  approved  April  10,  1872,  in  force  July  1,  1872.  Approved  and  in 
force  March  26,  1877. 

Section  1.  Election  of  Mayor,  City  Clerk,  Attorney  and  Treasurer. 

'Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illi- 
nois represented  in  the  General  Asse7nbly^  That  section  two  (2), 
article  four  (4),  of  an  act  of  the  General  Assembly  of  Illinois, 
entitled,  “An  act  to  })rovide  for  the  incorporation  of  cities  and 
villages,”  approved  April  10,  1872,  in  force  July  1,  1872,  be  and 
the  same  is  hereby  amended  so  that  it  shall  read  as  follows: 

“§  2.  Election  of  Mayor ^ City  Clerk^  Attorney  and  2\easurer.^ 
At  the  general  election  held  in  1877,  and  biennially  thereafter,  a 
Mayor,  a City  Clerk,  a City  Attorney,  and  a City  Treasurer  shall 
be  elected  in  each  city:  Provided^  That  no  person  shall  be  elected 
to  the  office  of  City  Treasurer  for  two  terms  in  succession.” 

§ 2.  [Emergency  clause — omitted.] 

Approved  March  26,  1877. 


V. 

POWER  OF  MAYOR. 

AN  ACT  to  amend  section  7 of  article  2 of  an  act  entitled  “An  act  to  provide  for  the  in- 
corporation of  cities  and  villages,”  approved  April  10,  1872.  In  force  July  1,  1872. 
Approved  May  31,  1879.  In  force  July  1,  1879. 

Section  7.  When  he  may  remove  officers. 

Section  1.  Be  it  enacted  by  the  People  (f  the  State  of  Illi- 
nois^ represented  in  the  General  Assembly^  That  section  7 of  arti- 
cle 2 of  “An  act  to  provide  for  the  incorporation  of  cities  and 


102 


P E E S E N T CHARTER. 


villages,  approved  April  10,  1872,  in  force  July  1,  1872,  be 
amended  so  as  to  hereafter  read  as  follows: 

§ 7.  he  may  remove  officers^^  The  Mayor  shall  have 

power  to  remove  any  officer  appointed  by  him  on  any  formal 
charge,  whenever  he  shall  be  of  the  opinion  that  the  interests  of 
the  city  demand  such  removal,  but  he  shall  report  the  reasons  for 
such  removal  to  the  Council  at  a meetino;  to  be  held  not  less  than 
live  days  nor  more  than  ten  days  after  such  removal;  and  if  the 
Mavor  shall  fail,  or  refuse  to  file  with  the  Citv  Clerk  a statement 
of  the  reasons  for  such  removal,  or  if  the  Council  by  a two-thirds 
(f)  vote  of  all  its  members  authorized  by  law  to  be  elected,  by 
yeas  and  nays,  to  be  entered  upon  its  record,  disapprove  of  such 
removal,  such  officer  shall  become  restored  to  the  office  from 
which  he  was  so  removed;  but  he  shall  give  new  bonds  and  take 
a new  oath  of  office.  No  officer  shall  be  removed  a second  time 
for  the  same  offense. 

Approved  May  31st,  1879. 


VI. 

ORDINANCE  LEVYING  TAX. 

AN  ACT  to  amend  (>ection  (1)  of  article  eight  (8)  of  an  act  entitled  “An  act  to  provide  fix- 
the  incorporation  of  cities  and  villages,’’  approved  April  10th,  1872.  Approved  May 
28th,  1879.  In  force  July  1,  1879. 

Section  1.  Ordinance  levying  tax— limitation. 

Section  1.  Be  it  enacted  hy  the  People  of  the  State  of  Illi- 
nois^ represented  in  the  General  Assembly^  That  section  one  (1) 
of  article  eight  (8)  of  an  act  entitled  “An  act  to  provide  for  tlie 
incorporation  of  cities  and  villages,”  approved  April  10,  1872,  be 
and  the  same  is  hereby  amended  to  read  as  follows: 

§ 1.  Ordinance  levying  tax — limitation.^  The  City  Coun- 
cil in  cities,  and  Boards  of  Trustees  in  villages,  may  levy  and 
collect  taxes  for  corporate  purposes  in  the  manner  following: 
The  City  Council  or  Boards  of  Trustees,  as  the  case  may  be,  shall 
annually,  on  or  before  the  third  (3d)  Tuesday  in  September,  in 
each  year,  ascertain  the  total  amount  of  appropriations  for  all  cor- 
porate purposes  legally  made  and  to  be  collected  from  the  tax 
levy  of  that  fiscal  year;  and,  by  an  ordinance,  specifying  in  detail 
the  purposes  for  which  such  appropriations  are  made,  and  the 
sum  or  amount  appropriated  for  each  purpose,  respectively,  levy 
the  amount  so  ascertained  upon  all  the  property  subject  to  taxa- 
tion within  the  city  or  village,  as  the  same  is  assessed  and  equal- 


PRESENT  CHARTER. 


103 


ized  for  State  and  county  purposes  for  the  current  year.  A 
certified  copy  of  such  ordinance  shall  be  filed  with  the  County 
Clerk  of  the  proper  county,  whose  duty  it  shall  be  to  ascertain  the 
rate  per  cent,  which,  upon  the  total  valuation  of  all  property  sub- 
ject to  taxation  within  the  city  or  village,  as  the  same  is  assessed 
and  equalized  for  State  and  county  purposes,  will  produce  a net 
amount  not  less  than  the  amount  so  directed  to  be  levied;  and  it 
shall  be  the  duty  of  the  County  Clerk. to  extend  such  tax  in  a sep- 
arate column  upon  the  book  or  books  of  the  Collector  or  Col- 
lectors of  State  and  county  taxes,  within  such  city  or  village: 
Provided^  the  aggregate  amount  of  taxes  levied  for  any  one 
(1)  year,  exclusive  of  the  amount  levied  for  the  payment  of 
bonded  indebtedness  or  the  interest  thereon,  shall  not  exceed 
the  rate  of  two  (2)  per  centum,  upon  the  aggregate  valuation  of 
all  property  within  such  city  or  village,  subject  to  taxation  therein, 
as  the  same  was  equalized  for  State  and  county  taxes  of  the  pre- 
ceding year. 

Approved  May  28th,  1871). 


VII. 

ANNUAL  ELECTION. 

AN  ACT  to  amend  section  13  of  article  11  of  an  act  entitled  “An  act  to  provide  for  the 
incorporation  of  cities  and  villages”  approved  April  10th,  1873,  in  force  July  1st, 
1872.  Approved  and  in  force  March  8,  1879. 

Section  13.  Annual  election. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illi- 
nois^ represeyited  in  the  General  Assemhlip  That  section  13  of 
article  11  of  an  act  entitled  “An  act  to  provide  for  the  incorpo- 
ration of  cities  and  villages”  approved  April  10,  1872,  in  force 
July  1,  1872,  be  amended  to  read  as  follows: 

§ 13.  Annual  election!]  An  annual  election  of  Trustees  and 
a Clerk  of  villages  shall  be  held  on  the  third  Tuesday  of  April  in 
each  year:  Provided^  that  in  villages  the  territorial  limits  of 
which  coincide  with  the  territorial  limits  of  any  township,  an 
election  of  Trustees  and  a Clerk  of  village  shall  be  held  at  the 
same  time  and  at  the  same  polling  places  as  the  annual  town- 
ship election  to- wit:  On  the  first  Tuesday  of  April  in  each 

year.  Special  elections  may  be  held,  under  such  regulations  as 
may  be  provided  by  ordinance,  to  fill  vacancies  and  for  other  pur- 
poses. 

§ 2.  [Emergency  clause — omitted.] 

Approved  March  8th,  1879. 


104 


P Ji  E S E N T CHARTER. 


VIII. 

CHANGING  FROM  CITY  TO  VILLAGE. 

AN  ACT  to  ameud  an  act  entitled  “An  act  to  provide  for  the  incorporation  of  cities  and 
villajfcs,”  approved  April  10th,  A.  D.  1872,  in  force  July  1st,  1872,  Approved  May 
29,  1879.  In  force  July  1,  1879. 

Section  1.  Changing  from  city  to  village. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illi- 
nois^ re2trese7ited  in  the  General  Assembly^  That  the  said  act, 
entitled,  “An  act  to  provide  for  the  incorporation  of  cities  and 
villages,”  be  amended  by  adding  the  following  section  thereto: 
Changhuj  from  city  to  village.^  That  it  shall  be  the  duty 
of  the  Mayor  and  Common  Council  of  any  city,  upon  the  peti- 
tion of  one-fourth  of  the  legal  voters  thereof,  and  upon  ten 
days  previous  notice  of  such  application  by  the  City  Clerk  pub- 
lished in  some  newspaper  printed  in  said  city,  or  by  posting  such 
notices  in  five  of  the  most  public  places  within  said  city,  for  said 
period  in  case  no  such  newspaper  is  printed  in  said  city,  to  fix  the 
time  and  call  an  election  to  decide  whether  said  city  shall  be 
organized  into  a village.  That  said  election  shall  be  governed  by 
the  provisions  of  sections  fifty  (50),  fifty-six  (56)  and  fifty-seven 
(57)  of  said  act,  and  the  legal  voters  at  said  election  shall  vote  for 
or  against  the  organization  of  said  city  into  a village,  and  the 
tickets  shall  be  written  or  printed  '•'‘For  village  organization^  or 
'•'‘Agahist  village  organization^  and  if  there  be  a majority  of  the 
votes  cast  at  said  election  in  favor  of  the  organization  of  said  city 
into  a village,  then  said  city  shall  be  a village  within  the  mean- 
ing of  said  act  under  its  former  name  so  changed,  and  shall  suc- 
ceed to  all  rights  and  be  liable  for  all  the  debts  and  legal  liabilities 
of  said  city,  and  the  Mayor  of  said  city  shall,  within  ten  days  after 
said  election,  give  notice  of  the  time  and  place  for  the  election  of 
Trustees  as  near  as  may  be,  as  provided  for  under  section  one 
hundred  and  eighty-four  (184)  and  one  hundred  and  eighty-five 
(185)  of  said  act,  who  shall  hold  their  offices  until  the  next  reg- 
ular election:  Provided^  that  after  one  election  shall  have  taken 
place,  no  other  election  for  a like  purpose  until  one  year  shall 
have  elapsed. 

Approved  May  28th,  1879. 


PRESENT  CHARTER. 


4 


105 


INCORPORATION  UNDER  GENERAL  LAW. 

IX. 

Section  1.  Petition  to  incorporate— submission  of  question  at  next  eusniug  municipal 
election. 

AN  ACT  to  amend  section  one  (1)  of  article  one  (I)  of  “An  act  to  provide  for  the  incor])o- 
ration  of  cities  and  villages,”  approved  April  10,  1872.  In  force  February  26,  1881. 

Section  1.  Be  it  enacted  by  the  People  of  the  iState  of  Illi- 
nois^ represented  in  the  General  Assenddy^  That  section  one  (1) 
of  article  one  (1)  of  an  act  entitled  “An  act  to  provide  for  the  in- 
corporation of  cities  and  villages,”  approved  April  10,  1872,  in 
force  July  1,  1872,  be  and  the  same  is  hereby  amended  so  as  to 
read  as  follows: 

§ 1.  That  any  city  now  existing  in  this  State  may  become  in- 
corporated under  this  act  in  the  manner  following:  Whenever 

one-eighth  of  the  legal  voters  of  such  city,  voting  at  the  last  pre- 
ceding municipal  election,  shall  petition  the  Mayor  and  Council 
thereof  to  submit  the  question,  as  to  whether  such  city  shall  be- 
come incorporated  under  this  act,  to  a vote  of  the  electors  in  such 
city,  it  shall  be  the  duty  of  such  Mayor  and  Council  to  submit 
such  question  at  the  next  ensuing  municipal  election  of  such  city, 
or  on  the  third  Tuesday  of  April,  as  provided  for  in  article  four 
(4)  of  said  act,  for  holding  municipal  elections:  Provided^  there 
shall  be  sufficient  time  intervening  to  give  the  notice  required  by 
law.” 

§ 2.  [Emergency  clause — omitted.] 

Approved  February  26,  1881. 


MISCELLANEOUS  STATUTES 


Relating  to  Cities. 


FERRIES  AND  BRIDGES. 


AN  ACT  to  enable  cities  and  villages,  incorporated  under  any  general  or  special  law  of 
this  State,  to  acquire  by  purchase,  lease  or  gift,  establish,  maintain,  license  and  reg- 
ulate ferries,  bridges,  the  approaches  thereto  and  tolls  thereon.  Approved  May  22, 
18T7.  In  force  July  1,  1877. 

Section  1.  License  and  regulate. 

194.  Licence  and  regulate.^  § 1.  Be  it  enacted  by  the  Peo- 
ple of  the  State  of  Illinois^  rep)resented  in  the  General  Assembly^ 
That  it  shall  be  lawful  for  the  corporate  authorities  of  any  city  or 
villao’e,  now  or  hereafter  incorporated  under  any  special  or  gen- 
eral law  of  this  State,  to  acquire  by  purchase,  lease  or  gift,  and 
maintain,  license  and  regulate  ferries  and  bridges,  so  acquired, 
and  the  approaches  thereto,  not  exceeding  four  acres  of  land  for 
each  ferry  or  bridge,  within  the  corporate  limits,  or  within  five 
miles  of  the  corporate  limits  thereof,  and  from  time  to  time  fix 
the  tolls  thereon. 

Approved  May  22,  1877. 


ANNEXING  AND  EXCLUDING  TERRITORY. 


AN  ACT  to  provide  for  annexing  and  excluding  territory  to  and  from  cities,  towns  and 
villages,  and  to  unite  cities,  towns  and  villages.  [.Approved  April  10,  1872.  In 
force  July  1,  1872.  L.  1871-2,  p.  264.] 


Section. 

195.  Petition  to  be  annexed— annexing. 

196.  Annexing  one  corporation  to  another. 

197.  Proceedings  by  corporation  to  annex 
territory. 

198.  Notice  of  proceedings. 

199.  Objections  to  annexation— trial. 


Section. 

200.  Finding— costs,  etc. 

201.  Proceedings  by  owner  to  be  annexed. 

202.  Proceedings  to  disconnect. 

20.3.  Map  and  ordinance  recorded. 

204.  School  districts  may  use  this  act. 

205.  Judicial  notice  of  change. 


195.  Petition  to  be  annexed — annexing § 1.  Be  it  enacted 
by  the  People  of  the  State  of  Illinois,  represented  in  the  General 
Assembly,  That  on  petition,  in  writing,  signed  by  not  less  than 

(106) 


MISCELLANEOUS  STATUTES. 


107 


three-fourths  of  the  legal  voters,  and  by  the  owners  of  not  less 
than  three-fourths  (in  value)  of  the  property  in  any  territory  con- 
tiguous to  any  city  or  incorporated  village  or  town,  and  not  em- 
braced within  its  limits,  the  City  Council  or  Board  of  Trustees  of 
said  city,  village  or  town  (as  the  case  may  be)  may,  by  ordinance, 
annex  such  territory  to  such  city,  village  or  town,  upon  filing  a 
copy  of  such  ordinance,  with  an  accurate  map  of  the  territory  an- 
nexed (duly  certified  by  the  Mayor  of  the  city  or  President  of  the 
Board  of  Trustees  of  the  village  or  town),  in  the  office  of  the  re- 
corder of  deeds  in  the  county  where  the  annexed  territory  is  sit- 
uated, and  having  the  same  recorded  therein:  Provided^  that  no 
portion,  less  than  the  whole  of  an  incorporated  city,  tovvn  or  vil- 
lage, shall  be  annexed  to  another  incorporated  city,  town  or  vil- 
lage, except  in  the  mode  provided  in  this  act  for  the  annexation 
of  the  whole  of  an  incorporated  city,  town  or  village,  to  another 
city,  town  or  village. 

196.  Annexing  one  corporatio7i  to  anotherd^  § 2.  Any  in- 
corporated city,  village  or  town  may  be  annexed  to  another  incor- 
porated city,  village  or  town,  by  ordinance  passed  by  a two-thirds 
vote  of  all  the  Aldermen  or  Trustees  elect  of  each  corporation 
desiring  annexation:  Provided^  such  annexation  shall  not  affect 
or  impair  any  rights  or  liabilities  either  in  favor  of  or  against  such 
corporations;  and  suits  founded  upon  such  rights  and  liabilities 
may  be  commenced,  and  pending  suits  may  be  prosecuted  and 
carried  to  final  judgments  and  execution,  the  same  as  if  sucli  an- 
nexation had  not  taken  place.  In  making  such  annexation,  the 
corporations  so  uniting  may,  by  ordinance,  fix  the  terms  of  the 
annexation,  which  shall  have  the  force  and  effect  of  a binding- 
contract:  Provided^  hoinevei\  that  no  such  ordinance  shall  be  of 
any  binding  force  or  effect  until  submitted  to  a vote  of  the  legal 
voters  of  such  city,  town  or  village,  at  a general  election  thereof, 
and  adopted  by  a majority  of  all  the  voters  voting  thereon  at  such 
election,  notice  of  which  shall  be  given  at  the  same  time  and  in 
the  same  manner  as  required  for  the  election  of  the  officers  of 
such  city,  town  or  village:  And,  provided,,  also,,  that  the  vote 
shall  be  by  ballot,  which  shall  be  “for  union  ordinance,”  or 
“against  union  ordinance,”  and  shall  be  received,  canvassed  and 
returned  the  same  as  ballots  for  municipal  officers  of  such  city, 
town  or  villao-e. 

197.  P roceedings  by  corporation  to  annex  territory?^  § 3. 
When  any  incorporated  city,  village  or  town  shall  desire  to  annex 
any  contiguous  territory  thereto,  and  the  same  shall  not  have 
been  petitioned  for  as  provided  in  section  one  of  this  article,  it 
shall  be  lawful  for  the  City  Council  or  Board  of  Trustees  of  such 
city,  village  or  town,  by  a two-thirds  vote  of  all  the  Aldermen  or 


108 


MISCEI.I.AXEOUS  STATUTES. 


Trustees  elect,  by  ordinance  or  resolution,  to  authorize  the  Mayor 
of  such  city  or  the  President  of  the  Board  of  Trustees  of  such 
village  or  town,  to  petition  the  Circuit  Court  of  the  county  in 
which  the  territory  desired  to  be  annexed  or  a major  part  thereof 
is  situated,  praying  such  annexation  to  be  made.  The  petition 
shall  contain  a copy  of  such  ordinance  or  resolution,  and  an  accu- 
rate map  of  the  territory  which  it  is  desired  to  annex,  showing  all 
such  subdivisions  that  shall  have  been  made  therein.  Such  peti- 
tion shall  be  filed  with  the  Clerk  of  the  Court  at  least  ten  days 
before  the  first  day  of  the  term  at  which  it  is  proposed  to  be  heard: 
Promded^  that  nothing  in  this  section  contained  shall  authorize 
said  petition  to  be  filed  indess  the  territory  so  sought  to  be  an- 
nexed (exce})t  territory  intervening  between  a city  and  town, 
or  two  or  more  cities  or  towns,  desiring  to  become  united  under 
this  act,)  shall  contain  an  actual  resident  population  of  at  least 
one  hundred  and  fifty  iidiabitants  to  each  section  or  fractional 
part  of  a section  so  sought  to  be  annexed — which  said  fact  shall 
be  alleged  in  said  petition  and  proved  on  the  hearing  thereof,  the 
same  as  any  other  allegation  in  said  petition. 

198.  Notice  of  proceedings.^  § 4.  When  it  shall  be  deter- 
mined to  present  such  petition,  the  Mayor  or  President  of  the 
Board  of  Trustees  (as  the  ease  may  be)  shall  cause  notice  of  the 
time  and  place  where  and  when  the  petition  will  be  or  has  been 
filed,  and  at  what  term  of  court  the  hearing  thereof  will  be  had, 
and  setting  forth  the  boundaries  or  a general  description  of  the 
territory  proposed  to  be  annexed — to  be  given  by  publication  at 
least  once  in  each  week,  for  two  successive  weeks,  in  some  news- 
})aper  published  in  the  county  where  the  petition  is  filed  or  to  be 
filed  (or,  if  no  newspaper  is  published  in  such  county,  then  in  the 
nearest  newspaper  published  in  this  State),  and  by  posting  up  no- 
tices at  least  fourteen  days  before  such  time  of  hearing,  in  at  least 
three  of  the  most  public  places  in  the  territory  proposed  to  be  an- 
nexed, and  a like  number  in  the  city,  village  or  town  to  which  it 
is  desired  to  annex  such  territory. 

199.  Objections  to  annexation — trial^  § 5.  The  legal  voters 
resident  upon  the  territory  thus  proposed  to  be  annexed,  or  any 
of  them,  or  any  owner  of  land  therein,  or  any  voter  of  such  city, 
village  or  town,  may  appear  at  such  hearing  and  show  cause  why 
such  annexation  should  not  be  made;  and  the  court,  or  a jury  im- 
paneled for  that  purpose  (no  member  of  a jury  so  impaneled  shall 
be  a resident  of  the  corporation  or  territory  to  be  annexed,  nor  of 
the  town  or  towns  in  which  said  corporation  or  territory  may  be 
situated,)  shall  hear  all  competent  evidence  that  may  be  offered 
by  either  party;  and  the  court  may  continue  the  hearing  from 
time  to  time,  for  any  cause,  and  make  all  proper  orders  in  regard 
to  the  hearing,  giving  of  notices  and  other  disposition  of  the  case. 


I S C E L L A N E O U S STATUTES. 


109 


200.  Finding — costs^  e^c.]  § 6.  If,  upon  the  hearing,  the 

court  or  the  jury  shall  find  that  such  territory  ought  to  be  annexed 

, to  such  city,  village  or  town,  and  can  be  so  done  without  injustice 
to  the  inhabitants  or  persons  interested,  the  court  shall  so  order. 
If  the  court  or  jury  shall  find  against  the  petitioners,  the  petition 
shall  be  dismissed  at  the  cost  of  the  petitioners;  and  no  subsequent 
petition  shall  be  presented  for  the  annexation  of  any  of  the  terri- 
tory embraced  in  such  petition,  within  one  year  from  the  time  of 
entering  such  order:  Provided^  that  new  trials  may  be  granted  as 
in  other  jury  cases. 

201.  Proceedings  by  owner  to  he  annexed^  § 7.  When  not 
less  than  a majority  in  number  of  the  legal  voters  or  the  owner 
or  owners  of  any  tract  or  tracts  of  land,  contiguous  to  any  incor- 
porated city,  village  or  town,  shall,  by  petition,  in  writing,  signed 
by  them,  and  filed  in  the  Circuit  Court  of  the  county  where  such 
territory  or  a major  part  thereof  is  situated,  pray  to  be  annexed 
to  such  city,  village  or  town,  the  like  proceedings  may  be  had 
thereon,  and  with  the  like  effect,  as  in  case  of  a petition  by  a city, 
village  or  town:  Prodded^  a copy  of  the  notice  required  to  be 
given  shall  be  left  with  the  Mayor  of  such  city  or  President  of 
such  village  or  town,  at  least  ten  days  before  such  petition  is 
heard. 

202.  Proceedings  to  disconnect.^  § 8.  Whenever  a majority 
of  the  legal  voters  of  any  territory  within  any  city,  town  or  vil- 
lage, and  beitig  upon  the  border  and  within  the  boundary  there- 
of, shall  petition  the  Circuit  Court  of  the  county  in  which  such 
city,  town  or  village  is  situated,  praying  to  be  disconnected  there- 
from, such  petition  shall  be  filed  with  the  clerk  of  the  court  at 
least  ten  days  before  the  first  day  of  the  term  at  which  it  is  pro- 
posed to  be  heard,  and  like  proceedings  shall  be  had  as  is  re- 
quired by  sections  four,  five  and  six  of  the  act  for  the  annexation 
of  territory  to  such  city,  town  or  village:  Provided.,  that  the  pro- 
visions of  this  section  shall  only  apply  to  lands  not  laid  out  into 
city  or  town  lots  or  blocks. 

203.  Map  and  ordinance  recorded?^  § 9.  When  any  terri- 
tory is  annexed  to  any  city,  village  or  town,  as  provided  in  this  act, 
it  shall  be  the  duty  of  the  Mayor  of  the  city,  or  the  President  of 
the  Board  of  Trustees  of  the  village  or  town,  (as  the  case  may  be,) 
to  cause  an  accurate  map  of  such  added  territory,  together  witli 
the  ordinance  for  the  annexation,  certified  by  such  Mayor,  and  if 
a decree  or  order  of  the  court  has  been  made  therefor,  a copy  of 
the  same,  to  be  filed  for  record  and  recorded  in  the  recorder’s 
office  for  the  county  in  which  such  added  territory  is  situated.  If 
territory  is  disconnected  or  excluded  from  any  city,  village  or 


no 


M I ( E L I,  A X E O U S STATUTES. 


town,  a copy  of  the  ordinance  or  decree  therefor  shall  be  so  filed 
for  record  and  recorded. 

204.  School  districts.^  § 10.  All  school  districts,  and  other 
corporations  incorporated  for  school  purposes,  under  special  acts 
of  the  legislature,  desiring  to  annex  or  disannex  territory',  may 
proceed  under  the  provisions  of  this  act.  [See  “Schools,”  ch.  122, 
^ do. 

205.  Judicial  notice.^  § 11.  All  courts  in  this  State  shall  take 
judicial  notice  of  cities,  towns  and  villages,  and  of  the  changes  of 
their  territory,  made  under  the  provisions  of  this  act. 


CHANGING  NAME. 


A^^  ACT  to  enable  any  city,  towTi  or  village  in  this  State  to  change  its  name.  [Approved 

March  7,  187‘^.  In  force  July  1,  187*J.] 


Section . 

*206.  Petition. 

207.  Proceedings. 

20S.  Duties  of  Secretary  of  State. 

209.  Time  of  hearing  to  be  fixed— notice. 

210.  Hearing  petition  and  remonstrances. 


Section. 

211.  Order  filed  with  Secretary  of  State — 

notice. 

212.  Rights  saved. 

213.  When  change  void. 

214  [Name  of  unincorporated  town,  etc. 


20G.  Petition?^  § 1.  Pe  it  enacted  by  the  People  of  the 
State  of  Illinois.,  represented  in  the  General  Assembly.,  That 
whenever  a petition,  signed  by  the  qualified  electors  of  any  city, 
incorporated  town  or  incorporated  village  of  this  State,  equal  in 
number  to  one-half  of  those  who  voted  for  the  officers  therein 
at  the  last  election,  shall  be  presented  to  the  corporate  author- 
ities of  such  city,  town  or  village,  praying  that  the  name  of 
such  city,  town  or  village  may  be  changed,  it  shall  be  lawful  for 
such  corporate  authorities  to  make  such  change  in  the  manner 
hereinafter  prescribed. 

207.  Proceedings.^  § 2.  Previous  to  the  presentation  of  the 
petition  in  the  preceding  section  mentioned,  the  name  proposed 
to  be  given  to  such  city,  town  or  village  shall  be  filed  in  the  office 
of  the  Secretary  of  State,  to  be  there  retained  for  the  period  of  at 
least  sixty  days,  and  upon  application,  the  Secretary  of  State 
shall,  at  any  time  after  the  filing  of  such  name,  grant  a certificate, 
stating  that  such  name  has  not  been  given  to  any  other  city,  in- 
corporated town,  or  incorporated  village,  or  municipality  in  this 
State,  if  such  be  the  fact;  but  if  such  name  has  been  adopted  by 
any  other  city,  town,  village  or  municipality,  as  appears  from  infor- 
mation in  his  office,  the  Secretary  of  State  shall  so  notify  the  party 
or  parties  making  such  application,  in  which  case  another  name 


MISCELLANEOUS  STATUTES. 


Ill 


shall  be  filed  in  his  office,  which  name  shall  likewise  remain  for 
the  like  period  of  sixty  days;  and  no  petition  shall  be  acted  upon 
by  said  corporate  authorities  unless  accompanied  by  the  certifi- 
cate of  the  Secretary  of  State,  setting  forth  that  such  name  has 
not  been  adopted  elsewhere  in  this  State. 

208.  Duties  of  Secretary  of  State?[  § 3.  The  Secretary  of 
State  shall,  as  soon  as  practicable  after  the  passage  of  this  act, 
commmunicate  with  the  clerks  of  the  several  counties  of  this 
State,  and  ascertain  the  names  of  all  the  cities,  towns,  villages  or 
other  municipal  corporations  therein,  and  arrange  such  names  in 
alphabetical  order  for  convenient  reference.  Such  list  of  names 
shall  be  kept  filed  in  his  office,  and  shall  be  changed  whenever  a 
change  of  name  shall  be  effected  under  the  provisions  of  this  act. 

209.  Time  of  hearing  to  he  fixed — notice.^  § 4.  At  any 
meeting  of  the  corporate  authorities  of  any  city,  incorporated 
town  or  incorporated  village,  after  the  presentation  of  the  petition 
herein  provided,  such  corporate  authorities  shall  fix  the  time  when  * 
such  petition  shall  be  considered,  and  order  notice  of  the  presen- 
tation thereof  to  be  given,  by  publishing  such  notice  for  three  suc- 
cessive weeks  in  some  newspaper  having  a general  circulation  in 
such  city,  town  or  village.  Such  notice  shall  state  that  a change 
of  the  name  of  such  city,  town  or  village  has  been  prayed  for,  and 
the  time  when  action  on  said  petition  will  be  had,  at  which  time 
remonstrances,  if  any,  will  be  heard. 

210.  Hearing  i^etition  and  remonstrances.^  § 5.  At  the  time 
fixed  in  the  notice  provided  for  in  the  preceding  section,  or  if, 
from  any  cause,  action  thereon  is  not  taken,  such  petition  praying 
for  a change  of  name  shall  be,  with  all  remonstrances,  heard  at 
any  subsequent  meeting  of  the  corporate  authorities  of  any  such 
city,  town  or  village;  and  if  said  corporate  authorities  are  satisfied 
that  such  change  of  name  is  necessary  and  proper,  they  shall 
thereupon  make  an  order  changing  the  name  of  such  city,  town 
or  village,  and  adopting  the  name  prayed  for  in  such  petition. 

211.  Order  filed  vuith  Secretary  of  State — notice^  § 6.  If 
said  change  of  name  is  made,  said  corporate  authorities  shall 
cause  a copy  of  the  order  making  such  change  to  be  filed  in  the 
office  of  the  Secretary  of  State,  who  shall  thereupon  make  known 
the  fact  of  such  change,  by  publication  in  some  newspaper  of  the 
county  in  which  such  city,  town  or  village  is  situated,  and  also  in 
some  newspaper  in  the  city  of  Chicago;  and  all  the  courts  of  this 
State  shall  take  judicial  notice  of  the  change  thus  made. 

212.  Rights  saved. \ § 7.  Nothing  in  this  act  contained  shall 

affect  the  rights  or  privileges  of  such  city,  town  or  village,  or 
those  of  any  person,  as  the  same  existed  l)cfore  such  change  of 
name.  And  all  proceedings  pending  in  any  court  or  place  in 


112 


M I S C E L I.  A X E O U S STATUTES. 


favor  of  or  against  said  city,  town  or  village,  may  be  continued  to 
final  consummation  under  the  name  in  which  the  same  was  com- 
menced. 

213.  W^hen  change  void.^  § 8.  If  the  name  of  any  such  city, 
town  or  village  shall  be  changed  contrary  to  or  without  comply- 
ing with  the  provisions  of  this  act,  such  change  shall  be  void;  and 
all  proceedings  instituted  or  acts  done  in  such  name  as  changed, 
shall  be  void  and  held  for  naught  in  the  courts  of  this  State. 

214.  N^ame  of  unincorporated  tovm^  etc?\  § 9.  When  the 

plat  of  any  unincorporated  town  or  village  shall  be  placed  upon 
record  in  any  county  of  this  State,  the  Circuit  Court  of  said 
county  shall  have  power,  at  any  regular  term  of  said  court,  to 
change  the  name  of  such  unincorporated  town  or  village,  upon 
the  petition  of  a majority  of  the  legal  voters  residing  within  the 
limits  of  such  town  or  village:  Provided^  notice  of  the  pro- 

posed change  of  name  shall  be  filed  in  the  office  of  the  Secretary 
of  State,  as  provided  in  section  two  of  this  act. 

§ 215.  Omitted,  not  l)eing  applicable  to  this  city. 


TERRITORIAL  JURISDICTION. 


AN  ACT  to  extend  the  jurisdiction  of  towns  and  cities  on  any  river  within  or  on  the  bor- 
ders of  this  State,  for  the  purpose  of  police  regulations.  Approved  and  in  force 
Feb.  15,  1865.  L.  1865,  p.  111. 

Section  216.  To  enforce  ordinances  on  boats,  etc. 

21 G.  To  enforce  ordinances  on  hoats^.etc^  §1.  Be  it  enacted 
by  the  People  of  the  State  of  Illinois^  represented  in  the  General 
Assembly^  That  cities  and  towns  on  any  river  within  or  on  the 
liorders  of  this  State,  shall  have  the  right  to  extend  and  enforce 
their  ordinances  so  as  to  include  any  boat  or  other  floating  struct- 
ure, which  shall  be  kept  within  two  miles  of  the  city  or  town 
limits,  as  a place  for  drinking  spirituous  liquors,  or  for  gaming,  or 
for  the  purpose  of  prostitution:  Provided^  no  authority  shall  be 
given  by  this  law,  beyond  what  the  law  now  authorizes,  to  inter- 
fere with  any  steamer  or  other  boat,  the  usual  business  of  which 
is  the  carrying  of  freight  or  passengers.  [See  § 44,  71. 


MISCELLANEOUS  STATUTES. 


113 


HOUSES  OF  ILL-FAME. 


AN  ACT  to  prevent  the  liceiiping  of  houses  of  ill-fame,  and  the  official  inspection  or  med- 
ical examination  of  the  inmates  thereof,  in  the  incorporated  cities,  towns  and  vil- 
lages of  this  State.  Approved  and  in  force  March  27, 1874. 

Section  217.  Licensing  and  medical  inspection  forbidden. 

217.  Licensing  and  medical  insjjectloii  forbidden^  § 1.  Be 
it  enacted  hy  the  People  of  the  State  of  Illinois  represented  in  the 
General  Assembly^  That  it  shall  be  nnlawlul  for  the  coi-porate 
authorities  of  any  city,  town  or  village  in  this  State  to  grant  a 
license  to  any  person,  male  or  female,  to  keep  what  is  known  as 
a house  of  ill-fame  or  a house  of  prostitution.  And  it  shall  be 
unlawful  for  any  Board  of  Health  (or  any  member  or  employee 
of  the  same)  now  existing,  or  which  may  hereafter  exist  under 
the  laws  of  this  State,  to  interfere  in  the  management  of  any  house 
of  ill-fame  or  house  of  prostitution,  or  to  provide  in  any  manner 
for  the  medical  inspection  or  examination  of  any  inmate  of  the 
same.  [See  § 02,  item  45. 

§ 219,  220.  Omitted,  not  being  applicable  to  this  city. 


POLICE  AND  FIREMEN’S  RELIEF  FUND. 


AN  ACT  to  amend  “An  act  for  the  relief  of  disabled  members  of  the  police  and  lire  de- 
partments in  cities  and  villages,”  approved  May  24,  1877,  in  force  July  1,  1877.  Ap- 
proved May  10,  1879.  In  force  July  1,  1879. 

Section. 

1.  How  fund  created. 

2.  Mayor,  etc.,  trustees  of  fund. 

3.  Board  to  control  fund. 

4.  Treasurer  to  give  bond  for  fund 

5.  Warrants  drawn  on  'J'reasurer. 

221.  H 010  fund  crettted.^  § 1.  Be  it  enacted,  hy  the  People 
of  the  State  of  Illinois  represented  in  the  General  Assemhhp 
“That  an  act  for  the  relief  of  disabled  members  of  the  police  and 
fire  departments  in  the  cities  and  villages,”  approved  May  24, 
1877,  in  force  July  1,  1877,  be  amended  to  read  as  follows: 

That  one-fourth  of  all  the  rates,  taxes  and  license  fees  which 
are  or  may  be  hereafter  required  by  law  to  be  paid  by  corpora- 
tions, companies,  or  associations,  not  incor|)orated  under  the  laws 
of  this  State,  engaged  in  any  village  or  city  in  this  State,  effect- 
8 


Section. 

6.  Permnnent  disability— denth— ^annuity. 

7.  Who  entitled  to  benefits. 

8.  IIow  money  paid  out. 

9.  Repeal. 


114 


MISCELLANEOUS  STATUTES. 


ing  fire  insurance,  and  all  moneys  received  from  fines  inflicted 
upon  members  of  the  police  and  fire  departments  for  a violation 
of  the  rules  and  regulations  of  the  service,  and  all  fines  recovered 
because  of  conviction  for  a violation  of  the  fire  ordinances,  and  all 
moneys  accruing  from  the  sale  of  unclaimed  stolen  property,  shall 
be  set  apart  by  the  Treasurer  of  the  city  or  village,  to  whom  the 
same  shall  be  paid,  as  a fund  for  the  relief  of  disabled  members 
of  the  police  and  fire  department  of  such  city  or  village. 

222.  Mayo'i\  etc.^  trustees  of  fund^  § 2.  The  Mayor  or  President 
of  the  Board  of  Trustees,  the  Superintendent  or  chief  officer  of 
the  police  department,  the  fire  marshal,  or  chief  officer  of  the  fire 
department,  and  the  chairman  of  the  committee  on  police  and  fire 
and  water,  of  the  City  Council  or  Board  of  Trustees  of  the  city  or 
village,  with  the  Comptroller  (if  there  be  one)  or  City  Clerk  and 
Treasurer,  shall  constitute  and  be  a Board  by  the  name  of  the 
Trustees  of  the  Police  and  Firemen’s  Relief  Fund,  and  the  Treas- 
urer of  the  city  or  village,  shall  be  custodian  of  the  funds  of  said 
Police  and  Firemen’s  Relief  Fund.  The  said  Board  shall  select 
from  their  number  a President  and  Secretary. 

223.  Board  to  control  funds?^  § 3.  The  said  Board  shall  have  the 
exclusive  control  and  management  of  the  fund  mentioned  in  the 
first  section  of  this  act,  and  of  all  money  donated,  paid  or  assessed 
for  the  relief  of  disabled  policemen  or  firemen,  and  shall  have  the 
power  to  assess  each  and  every  member  of  the  police  and  fire  de- 
partments of  such  city  or  village,  including  all  such  persons  who 
having  become  entitled  to  the  benefits  of  this  fund,  while  such 
members  of  said  police  and  fire  departments,  have  not  forfeited 
their  rights  to  share  in  such  benefits  after  leaving  such  depart- 
ments as  hereinafter  provided,  not  to  exceed  the  sum  of  five  dol- 
lars ($5)  per  annum,  which  shall  be  received  and  held  by  the 
Treasurer  of  said  relief  fund,  in  like  manner  as  the  other  moneys 
herein  provided,  to  be  paid  to  him;  and  any  persons  who  having 
become  entitled  to  the  benefits  of  this  fund,  shall  not  within  one 
month  after  notice  in  writing  to  him  from  said  Board  of  the  assess- 
ment against  him,  pay  the  same,  shall  not  be  entitled  to,  or  receive 
any  benefits  secured  to  him  under  the  provisions  of  this  act, 
unless  he  shall  make  written  application  to  the  Trustees  of  the 
fund  to  become  a member  thereof,  and  shall  have  by  a majority 
vote  of  said  Trustees  been  admitted  to  membership  in  said  organ- 
ization, and  upon  his  making  payment  of  all  delinquent  assess- 
ments due  by  him,  accruing  during  his  membership  in  such  police 
or  fire  department.  The  said  Board  may  make  all  needful  rules 
and  regulations  for  its  government  in  the  discharge  of  its  duties^ 
and  shall  liear  and  decide  all  applications  for  relief  under  this  act, 
and  its  decisions  on  such  applications  shall  be  final  and  conclu- 


MISCELLANEOL^S  f^TATUTEf^. 


115 


sive,  and  not  subject  to  review  or  reversal  except  by  the  Board: 
Provided^  that  nothing-  herein  contained  shall  render  the  payment 
of  any  sum  ol  money  or  annuity  which  may  be  awarded  by  the 
Board,  obligatory  by  the  Board  or  chargeable  against  it  as  a legal 
right;  but  the  Board  may,  at  any  time  in  its  discretion,  order  that 
such  sums  of  money  or  annuity  shall  be  reduced,  or  that  payment 
of  the  same  shall  not  be  made.  The  Board  shall  cause  to  be  kept 
a record  of  all  its  meetings  and  proceedings. 

224.  Treasure!'  to  keep  fund — bond.\  § 4.  The  Treasurer  of  the 
Board  shall  be  the  custodian  of  the  fund  in  the  first  section  of 
this  act  mentioned,  and  of  all  moneys  donated,  paid  or  assessed 
towards  or  on  account  of  the  relief  fund  hereby  created,  and  shall 
secure  and  safely  keep  the  same,  subject  to  the  control  and  direc- 
tion of  the  Board,  and  shall  keep  his  books  and  accounts  in  such 
a manner  as  may  be  prescribed  by  the  Board,  and  the  same  shall 
always  be  subject  to  the  inspection  of  the  Board,  or  any  member 
thereof.  The  Treasurer  shall,  within  ten  days  after  his  election 
or  appointment,  execute  a bond  to  the  city  or  village,  as  the  case 
may  be,  with  good  and  sufficient  securities,  in  such  penal  sum  as 
the  Board  may  direct,  to  be  approved  by  the  Board,  conditional 
for  the  faithful  performance  of  the  duties  of  his  office,  and  that 
he  will  safely  keep  and  well  and  truly  account  for  all  moneys  and 
property  which  may  come  to  his  hands  as  such  Treasurer,  and 
that  on  the  expiration  of  his  term  of  office,  he  will  surrender  and 
deliver  over  to  his  successor  all  unexpended  moneys  and  all  prop- 
erty which  may  have  come  to  his  hands  as  such  Treasurer.  Such 
bond  shall  be  filed  in  the  office  of  the  Clerk  of  such  city  or  vil- 
lage, and  in  case  of  a breach  of  the  same,  or  the  conditions* 
thereof,  suit  may  be  brought  on  the  same,  in  the  name  of  such 
city  or  village,  for  the  use  of  said  Board,  or  of  any  person  or  per- 
sons injured  by  such  breach. 

225.  Warrants  draum  on  Treasurer.^  § 5.  It  shall  be  the  duty  of 
the  Mayor  and  Clerk,  or  the  Comptroller,  if  there  be  one,  and  the 
officer  or  officers  of  such  city  or  village,  who  are  or  may  be  author- 
ized by  law  to  draw  warrants  upon  the  Treasurer  of  such  city  or 
village,  upon  request  made  in  writing  by  said  Board,  to  draw  war- 
rants upon  the  Treasurer  of  such  city  or  village,  payable  to  the 
Treasurer  of  said  Board,  for  the  fund  set  apart  by  such  city  or 
village  Treasurer,  as  prescribed  by  the  first  (1st)  section  hereof. 

220.  Permanent  disability — death — annuity.^  § 6.  When,  in 
the  judgment  of  the  Board,  a sufficient  amount  shall  have  accumu- 
lated in  said  fund  to  justify  the  application  thereof  to  the  use  for 
which  the  same  is  hereby  created,’ if  any  member  of  the  police  or 
fire  de])artments,  while  in  the  actual  performance  of  duty  or  other 
person  entitled  to  the  benefits  of  tl)is  fund  as  hereinafter  pro- 


116 


MISCELLANEOUS  STATUTES. 


vided,  shall  become  permanenth"  disabled,  so  as  to  render  proper 
his  retirement  from  membership,  a sum  not  exceeding  six  hundred 
dollars  (6600)  per  annum,  or  such  less  sum  as,  in  the  judgment  of 
the  Board,  the  fund  will  justify,  shall  be  paid  to  such  member  out 
of  said  fund;  or  if  any  member  while  in  the  actual  discharge  of 
duty  shall  be  killed,  or  shall  die  from  the  immediate  effects  of  an 
injury  received  by  him  while  in  such  discharge  of  duty,  or  shall 
die  after  ten  years  service  in  the  police  or  fire  departments,  and 
shall  leave  a widow,  or  if  no  widow,  any  child  or  children  under 
the  age  of  sixteen  (16)  years,  a sum  not  exceeding  six  hundred 
(600)  dollars  per  annum,  or  such  less  sum  as,  in  the  judgment  of  the 
Board,  the  condition  of  the  fund  will  justify,  shall  be  paid  to  such 
widow  so  long  as  she  shall  remain  unmarried,  or  to  such  child  or 
children  while  under  the  age  of  sixteen  vears. 

226  a.  IV/io  may  ohtain  henef  ts^  § 7.  Any  person  who  shall  have 
served  in  either  the  police  or  fire  departments  of  said  city  or  vil- 
lage for  the  full  term  of  ten  (10)  years,  and  shall  have  paid  into 
the  fund  hereby  provided  for  all  assessments  regularly  made  upon 
him  by  the  Board  of  Trustees  as  required  by  this  act,  and  the 
regulations  of  the  said  Board  of  Trustees  passed  in  pursuance  of 
this  act,  and  shall  have  complied  with  all  the  rules  and  regula- 
tions lawfully  established  by  the  Board  of  Trustees  in  the  same 
manner,  as  if  such  person  was  an  active  member  in  said  police  or 
fire  department,  may  continue  his  membership  in  this  organiza- 
tion, and  be  entitled  to  the  benefits  of  this  fund  after  he  shall 
have  ceased  to  be  a member  in  either  said  police  or  fire  depart- 
ment, b}’  complying  with  all  the  provisions  of  this  act,  relative  to 
the  payment  of  assessments,  &c.,  the  same  as  prior  to  his  ceasing 
to  be  a member  of  said  departments,  and  the  widow  or  children 
of  such  person  shall  be  entitled  to  all  benefits  hereby  secured  to 
other  members  of  this  organization. 

226  h.  Ho'u'  money  paid  out.^  § 8.  All  moneys  ordered  to  be  paid 
from  said  relief  fund  to  any  person  or  persons,  shall  be  paid  by 
the  Treasurer  of  said  Board  only  upon  warrants  signed  b}"  the 
President  of  the  Board  and  countersigned  by  the  Secretary,  and 
no  warrant  shall  be  drawn  exqept  by  order  of  the  Board,  duly 
entered  in  the  record  of  the  proceedings  of  the  Board.  In  case 
the  said  relief  fund,  or  any  part  thereof,  shall  b}’^  order  of  the 
said  Board  or  otherwise,  be  deposited  in  any  bank,  or  loaned,  all 
interest  on  money  which  may  be  paid  or  agreed  to  be  paid,  on 
account  of  any  such  loan  or  deposit,  shall  belong  to  and  consti- 
tute a part  of  said  fund:  Provided.,  that  nothing  herein  contained 
shall  be  construed  as  authorizing  the  said  Treasurer  to  loan  the 
said  fund,  or  anv  part  thereof,  unless  so  authorized  by  said  Board. 

226  c.  Repeold^  IL  All  acts  or  parts  of  acts,  or  amendments 


MISCELLANEOUS  STATUTES. 


117 


thereto,  heretofore  enacted,  and  in  any  manner  conflicting  with 
the  provisions  of  this  act,  are  hereby  expressly  repealed. 

Approved  May  10th,  1879. 


WATER  WORKS. 


AN  ACT  authorizing  cities,  incorporated  towns  and  villages  to  construct  and  maintain 
water  works.  Approved  and  in  force  April  15,  1873. 


Section. 

227.  Power  to  supply  wator— letting  con- 
tracts. 

228.  May  borrow  money — tax. 

229.  May  acquire  property  for  works,  etc. 

230.  Rules— tax— assessment— lieu. 

231.  Special  assessments. 

232.  Separate  funds. 

233.  When  act  not  apply. 


j Section. 

235.  Bonds — assessments  payable  in  in- 
I stallments. 

' 230.  When  installments  payable— interest. 

237.  Applies  to  assessments  already  or- 
dered. 

239.  Power  to  contract  for  water. 

240.  Tax. 


227.  Power  to  supply  loater — letting  contract.^  § 1.  Pe  it 

enacted  by  the  People  of  the  State  of  Illinois.,  represented  in  the 
General  Assembly.,  That  all  cities,  incorporated  towns  and  vil- 
lages in  this  State  be  and  are  hereby  authorized,  and  shall  have 
power  to  provide  for  a supply  of  water  for  the  purposes  of  fire 
protection,  and  for  the  use  of  the  inhabitants  of  such  cities,  incor- 
porated towns  or  villages,  by  the  erection,  construction  [and]  main- 
taining of  a system  of  water  works:  Provided.,  that  all  contracts 
for  the  erection  or  construction  of  any  such  works,  or  any  part 
thereof,  shall  be  let  to  the  lowest  responsible  bidder  therefor,  upon 
not  less  than  three  weeks’  public  notice  of  the  terms  and  condi- 
tions upon  which  the  contract  is  to  be  let  having  been  given,  by 
publication  in  a newspaper  published  in  such  city,  town  or  village; 
or  if  no  newspaper  is  published  therein,  then  in  some  newspaper 
published  in  the  county;  provided.,  farther.,  that  no  mem- 

ber of  the  City  Council  or  Board  of  Trustees,  or  Mayor,  shall  be 
directly  or  indirectly  interested  in  any  such  contract,  and  in  all 
cases  the  Council  or  Board  of  Trustees,  as  the  case  may  be,  shall 
have  the  right  to  reject  any  and  all  bids  that  may  not  be  satisfac- 
tory to  them.  [See  § 169-171. 

228.  Borrow  money — tax?\  § 2.  Such  cities,  incorporated 
towns  and  villages  may  borrow  money  and  levy  and  collect  a gen- 
eral tax  in  the  same  manner  as  other  municipal  taxes  may  be 
levied  and  collected  for  the  erection,  construction  and  maintain- 
ing of  such  water  works,  and  appropriate  money  for  the  same. 
[See  § 62,  item  3. 


118 


:misceli.aneous  statu i'es. 


229.  May  acquire  property  for  works^  etci\  § 3.  For  the  pur- 
pose of  erecting,  constructing,  locating,  maintaining  or  supplying 
such  water  works,  any  such  city,  incorporated  town  or  village  may 
go  beyond  its  territorial  limits,  and  may  take,  hold  and  acquire 
property  and  real  estate,  by  purchase  or  otherwise;  and  shall  also 
have  the  power  to  take,  hold  and  acquire  and  condemn  any  and 
all  necessary  property  and  real  estate  for  the  location,  erection, 
construction  and  maintaining  of  such  water  works,  in  the  man- 
ner provided  for  the  taking  and  condemning  of  private  property 
for  public  use;  and  may  also  acquire  and  hold  real  estate  and 
other  property  and  rights  necessary  for  the  location  erection,  con- 
struction and  maintenance  of  such  water  works,  by  purchase  or 
otherwise;  and  the  jurisdiction  of  such  city,  town  or  village  to 
prevent  or  punish  any  pollution,  or  injury  to  the  stream  or  source 
of  water  for  the  supply  of  such  water  works,  shall  extend  ten 
miles  beyond  its  corporate  limits.  [See  § 170,  also  “Eminent 
Domain,”  ch.  47. 

230.  Mules  — tax  — assessment — lieni]  § 4.  The  Common 
Council  of  such  cities,  or  Trustees  of  such  towns  or  villages,  shall 
have  power  to  make  and  enforce  all  needful  rules  and  regulations 
in  the  erection,  construction  and  management  of  such  water 
works,  and  for  the  use  of  water  supplied  by  the  same.  And  such 
cities,  towns  and  villages  shall  have  the  right  and  power  to  tax, 
assess  and  collect  from  the  inhabitants  thereof  such  tax,  rent  or 
rates  for  the  use  and  benefit  of  water  used  or  supplied  to  them  by 
such  water  works,  as  the  Common  Council  or  Board  of  Trustees, 
as  the  case  may  be,  shall  deem  just  and  expedient.  And  all  such 
water  taxes,  rates  or  rents  shall  be  a lien  upon  the  premises  and 
real  estate  upon  or  for  which  the  same  is  used  or  supplied.  And 
such  taxes,  rents  or  rates  shall  be  paid  and  collected,  and  such 
lien  enforced,  in  such  manner  as  the  Common  Council  shall,  by 
ordinance,  direct  and  provide.  [See  § 171. 

231.  Special  assessment^]  § 5.  The  expense  of  locating, 
erecting  and  constructing  reservoirs  and  hydrants  for  the  pur- 
pose of  fire  protection,  and  the  expense  of  constructing  and  lay- 
ing water  main  pipes,  or  such  part  thereof  as  may  be  just  and 
lawful,  may  be  assessed  upon  and  collected  from  the  property  and 
real  estate  specially  benefited  thereby,  if  any,  in  such  manner  as 
may  be  provided  for  the  making  of  special  assessments  for  other 
public  improvements  in  such  cities,  towns  or  villages.  [See  § 
133  seq. 

232.  Sep>arate  fund?>^  § 6.  All  the  income  received  by  such 
cities,  towns  or  villages  from  such  water  works,  from  the  payment 
and  collection  of  water  taxes,  rents  or  rates,  shall  be  kept  in  a 
separate  fund,  and  shall  first  be  applied  in  the  payment  and  dis- 


MISCELI.ANEOUS  STATUTES. 


119 


charge  of  the  costs,  interest  on  bonds  or  money  borrowed  and 
used  in  the  erection  and  construction  of  such  water  works  and 
running  expenses  thereof.  And  any  surplus  may  be  applied  in 
such  manner  as  the  Common  Council  or  Board  of  Trustees  may 
direct. 

233.  When  act  not  apply.^  g 7.  The  provisions  of  this  act 
shall  not  apply  to  cities,  towns  or  villages  in  which  water  works 
are  now  managed  or  controlled  by  a board  of  public  works. 

AMENDMENT. 

AN  ACT  to  amend  section  one  (1)  of  an  act  entitled  “An  act  autliorizing  cities,  incor- 
porated towns  and  villai>;es  to  construct  and  maintain  water  works,”  approved  and 
in  force  April  15,  1873.  Approved  and  in  force  May  14,  1879.  L.  1879,  p.  64. 

Section  1.  Power  to  supply  water— letting  contracts. 

234.  Be  it  enacted  by  the  People  of  the  State  of  Illhiois^ 
represented  in  the  General  Assembly,  g 1.  That  section  one  (1)  of 
an  act  entitled  “An  act  authorizing  cities,  incorporated  towns 
and  villages  to  construct  and  maintain  water  works,”  approved 
and  in  force  April  15th,  1873,  be  and  is  hereby  amended  so  as  to 
read  as  follows: 

Poicer  to  supply  vKiter — letting  contract. \ That  all  cities,  in- 
corporated towns  and  villages  in  this  State,  be  and  are  hereby 
autliorized  and  shall  have  power  to  provide  for  a supply  of 
water  for  the  purposes  of  fire  protection,  and  for  the  use  of  the 
idiabitants  of  such  cities,  incorporated  towns  or  villages  by  the 
erection  construction  and  maintaining  of  a system  of  water  Avorks 
or  by  uniting  with  any  adjacent  city,  incorporated  town  or  vil- 
lage, in  the  erection  construction  and  maintaining  of  a system  of 
water  works  for  the  joint  use  of  such  cities,  incorporated  towns  or 
villages,  or  by  procuring  such  supply  of  water  from  any  adjacent 
city,  incorporated  town  or  village  already  having  water  works: 
Prodded.,  that  all  contracts  for  the  erection  or  construction  of  such 
works  or  any  part  thereof,  shall  be  let  to  the  lowest  responsible 
l)idder  therefor,  upon  not  less  than  three  (3)  weeks’  public  notice 
of  the  terms  and  conditions  upon  which  the  contract  is  to  be  let, 
having  been  given  by  publication  in  a newspaj)er  published  in 
such  city,  towti  or  village,  or  if  no  newspaper  is  published  therein, 
then  in  some  news[)aper  published  in  the  county:  And.,  prodded., 
further.,  4’hat  no  member  of  the  City  Council  or  Board  of  Trus- 
tees or  Mayor  shall  be  directly  or  indirectly  interested  in  any  such 
contract,  and  in  all  cases  the  Council  or  Board  of  Trustees  as  the 
case  may  be,  shall  have  the  right  to  reject  any  and  all  bids  that 
may  not  be  satisfactory  to  them. 

(Emergency  clause  omitted.) 


120 


MISCELLA^"30U8  STATUTES. 


AN  ACT  to  provide  for  the  laying  of  water  supply  pipe  by  bonds  and  special  assessment 
payable  in  installments.  Approved  and  in  force  ^larch  17,  1874. 

235.  Bonds — assessments  payable  in  installments?^  § 1.  Be 
it  enacted  by  the  People  of  the  State  of  Illinois  represented  in  the 
Genercd  Assembly^  That  whenever  the  corporate  authorities  of 
any  city,  town  or  village  shall  provide,  by  ordinance,  for  the  lay- 
ing of  water  supply  pipes,  to  be  paid  for  by  a special  assessment 
to  be  made  under  the  provisions  of  article  nine  of  the  act  of  the 
General  Assembly,  entitled  “An  act  to  provide  for  the  incorpo- 
ration of  cities  and  villages,”  approved  April  10,  A.  D.  1872,  such 
corporate  authorities  may,  in  their  discretion,  provide  in  such 
ordinance,  or  by  an  ordinance  to  be  adopted  at  any  time  prior  to 
the  issuance  of  the  w^arrant  to  the  Collector  for  the  collection  of 
such  assessment,  that  the  amount  of  the  estimated  cost  of  such 
improvement  shall  be  provided  for  in  the  following  manner,  to- 
wit;  That  bonds  of  the  city,  town  or  village,  as  the  case  may 
be,  shall  be  issued  for  such  portion  of  the  estimated  cost  of  such 
improvement  as  shall  be  apportioned  to  the  city,  town  or  village 
as  public  benefit,  payable  at  such  time  or  times,  within  twenty 
years,  as  may  be  provided  by  said  ordinance,  or  it  may  in  such 
ordinance  be  provided  that  all  or  any  portion  of  the  amount,  so 
apportioned  as  public  benefits,  may  be  made  by  general  taxation 
in  accordance  wdth  the  provisions  contained  in  said  article  nine, 
and  that  the  portion  of  said  estimated  cost  which  shall  be  assessed 
upon  property  specially  benefited,  shall  be  payable  in  such  annual 
installments,  not  exceeding  ten  in  number,  as  may  in  such  ordi- 
nance be  prescribed:  Provided^  that  nothing  in  this  section  shall 
authorize  any  city,  town  or  village  to  issue  such  bonds  to  an 
amount,  including  all  existing  indebtedness,  in  excess  of  the 
charter,  statutory  or  constitutional  limitation  of  the  indebtedness 
of  such  city  town  or  village. 

236.  When  installments  payable — interest?^  § 2.  Whenever 
such  corporate  authorities  shall  have  provided  by  ordinance  for 
the  making  of  such  improvement  in  the  manner  prescribed  in 
section  1 of  this  act,  the  first  installment  of  the  amount  assessed 
upon  property  specially  benefited  shall  be  payable  immediately 
upon  the  issuance,  by  the  Clerk  of  such  city,  town  or  village,  of 
his  warrant  to  the  Collector,  and  the  subsequent  installments 
shall  be  payable  annually  thereafter,  with  interest  until  paid, 
at  such  rate  as  shall  be  prescribed  in  such  ordinance,  not  exceed- 
ing ten  per  cent,  per  annum. 

237.  Apjp)Ues  to  assessjnents  already  orderedl\  § 3.  This  act 
shall  apply  to  assessments  already  ordered  for  the  purpose  set 


illSCELLANEOUS  STATUTES. 


121 


fortli  in  section  1 of  this  act,  and  to  the  ordinances  in  relation 
thereto,  as  well  as  to  ordinances  hereafter  to  be  adopted. 

[238.  Emergency  clause — omitted.] 


AN  ACT  to  enable  cities  and  villages  to  contract  for  a supply  of  water  for  public  use, 

and  to  levy  and  collect  a tax  to  pay  for  water  so  supplied.  Approved  April  9,  1872. 

In  force  July  1,  1872. 

239.  Power  to  contract  for 'water  §1.  Beit  enacted  by  the  Peo- 
ple of  the  State  of  Illinois  represented  in  the  General  Asseynhly^ 
That  in  all  cities  and  villages  where  water  works  may  hereafter 
be  constructed  by  an  incorporated  company,  the  city  or  village 
authorities  in  such  cities  and  villages  may  contract  with  such  in- 
corporated company  for  a supply  of  water  for  public  use,  for  a 
period  not  exceeding  thirty  years. 

240.  Tax^  § 2.  Any  such  city  or  village  so  contracting 
may  levy  and  collect  a tax  on  all  taxable  property  within  such 
city  or  village,  to  pay  for  the  water  so  supplied. 


SALARIES  OF  CITY  OFFICERS. 

AN  ACT  to  enable  the  corporate  authorities  of  cities  to  establish  and  fix  the  salaries  of 
city  officers.  A]>proved  and  in  force  April  23,  1873. 

Seclion‘2A\.  When  to  be  fixed— not  changed  during  term. 

241.  'When  to  be  fixed — not  changed  during  temi.  § 1.  Be 
it  enacted  b'y  the  People  of  the  State  (f  Illinois^  represented  in 
the  General  Assembly : It  shall  and  may  be  lawful  for  the  Com- 
mon Council  or  legislative  authority  of  any  city  in  this  State  to 
establish  and  fix  the  amount  of  salary  to  be  paid  any  and  all  city 
officers,  as  the  case  may  be,  except  members  of  such  legislative 
body,  in  the  annual  appropriation  bill  or  ordinance  made  for  the 
purpose  of  providing  for  the  annual  expenses  of  any  such  city,  or 
by  some  ordinance  prior  to  the  passage  of  such  annual  appropria- 
tion bill  or  ordinance;  and  the  salaries  or  compensation  thus  fixed 
or  established,  shall  neither  be  increased  nor  diminished  by  the 
said  Common  Council  or  legislative  authority  of  any  such  city, 
after  the  passage  of  said  annual  appropriation  bill  or  ordinance, 
during  the  year  for  which  such  appropriation  is  made,  and  no 
extra  compensation  shall  ever  be  allowed  to  any  such  officer  or 
employee  over  and  above  that  provided  in  manner  aforesaid. 
[See  § 84,  85. 

[242.  Emergency  clause — omitted.] 


m 


:>riSCELLANEOUS  STATUTES. 


REBATE  AND  REDUCTION  OF  TAXES,  ETC. 

AN  ACT  to  present  tlie  unjust  collection,  b}'  incorporated  cities  and  towns,  of  taxes,  lev- 
ied upou  property  destroyed  by  fire,  and  to  authorize  the  Common  Council  of  such 
cities,  or  Board  of  Trustees  of  such  towns,  to  chance  or  amend  appropriation  bills, 
to  pass  new  appropriation  bills,  to  reduce  taxes  and  special  assessments  in  certain 
cases,  and  to  discontinue  special  improvements.  Approved  and  in  force  Jan.  18, 
187-2. 

Section.  j Section. 

•243.  Rebate  when  property  destroyed,  ! *244.  May  reduce  or  release  tax  or  assess- 
ment. 

248.  Rebate  v:hen  propertu  destroyed.^  § 1.  Be  it  enacted  by 
the  People  of  the  State  (jf  Illinois  represented  in  the  General  As- 
sembly, That  whenever,  in  any  incorporated  city  or  town  in  this 
State,  any  property  listed  or  assessed  for  municipal  taxation, 
shall  have  been  or  shall  hereafter  be  destroyed  by  fire,  in  whole  or 
in  part,  before  the  levy  of  the  municipal  taxes  of  such  city  thereon, 
or  before  the  municipal  taxes  levied  thereon  shall  have  been  col- 
lected, it  shall  and  may  be  lawful  for  the  Mayor  of  such  city  or  town 
— if  there  be  no  Mayor,  then  the  President  of  the  Board  of  Trus- 
tees, the  City  Comptroller,  if  there  should  be  one;  and  if  not,  then 
the  City  Clerk  or  Town  Clerk,  and  the  Tax  Commissioner  if  there 
should  be  one;  if  not,  then  the  Chairman  of  the  finance  committee 
of  the  City  Council,  or  Board  of  Trustees — to  rebate  or  remit  so 
much  of  such  tax  or  taxes,  so  levied  upon  such  property,  as  in 
their  opinion  should  be  rebated  or  remitted  by  reason  of  such 
})i’operty  having  been  in  whole  or  in  part,  destroyed  by  fire. 

244.  Jlety  reduce  or  release  tax  or  assessinaUf]  § 2.  That 
whenever,  in  any  incorporated  city  or  town  in  this  State,  any 
large  portion  of  the  taxable  property  of  such  city  shall  have  been 
or  shall  hereafter  be  destroyed  by  fire,  so  as  to  seriously  impair 
or  affect  the  ability  of  the  property  owners  of  such  city  or  town 
to  pay  taxes  or  special  assesment  thereon,  and  an  appropriation 
bill  has  been  made  or  passed,  or  special  improvements  ordered 
before  such  fire,  and  the  tax  or  assessment  for  the  payment  or 
raising  of  the  same  has  not  been  levied  or  collected,  it  may  be 
lawful  for  the  City  Council  or  Board  of  Trustees  of  any  such  town 
to  alter,  revise,  change,  reduce  or  vacate,  or  repeal  such  appro- 
priation bill,  or  any  part  of  the  same,  and  to  order  the  discontinu- 
ance of  said  special  improvements,  or  any  of  the  same,  or  to 
reduce  the  amount  of  taxes  or  special  assessments  ordered  to  be 
levied  or  assessed,  or  collected  for  any  general  or  special  purpose, 
and  to  pass  a new  appropriation  bill;  which  new  appropriation 
bill  shall  have  the  same  force  and  effect  as  if  the  same  had  been 
passed  within  the  time  prescribed  by  the  charter  of  any  such  city 
or  such  corporate  town. 

[245.  Emergency  clause — omitted.] 


]\r  I S C E L L A N E O U S STATUTES. 


123 


SEWERAGE  AND  WATER  TAXES. 


AN  ACT  iu  relation  to  the  levy  and  collection  of  taxes  for  sevverafio  and  water  works  in 

the  cities  of  this  State  that  may  have  established  a system  of  sewerajte  and  water 

works  for  such  city.  Approved  and  iu  force  April  22,  1871. 

Section.  I Section. 

246.  Sewerage  fund  tax.  I 247.  Water  fund  tax. 

246.  Seioerage  fund  tax.\  § 1.  Be  it  enacted  by  the  Peoide 
of  the  State  of  Illinois  represented  in  the  General  Assembly.,  That 
the  legislative  authority  of  any  such  city  which  now  has  or  may 
hereafter  have  established  a system  of  sewerage  for  such  city, 
shall  have  power,  annually  to  levy  and  collect  a tax  upon  the  tax- 
able real  and  personal  estate  of  any  such  city,  not  to  exceed  one 
mill  on  a dollar,  for  the  extension  and  laying  of  sewers  therein 
and  the  maintenance  of  such  sewers,  which  tax  shall  be  known  as 
“The  Sewerage  Fund  Tax,”  and  shall  be  levied  and  collected  in 
the  same  manner  that  other  general  taxes  of  any  such  city  are 
levied  and  collected:  Provided.,  hoivever.,  that  the  board  of  public 
works  of  such  city,  if  any,  or  the  head  of  the  sewer  department  of 
such  city,  shall  first  certify  to  such  legislative  authority  the 
amount  that  will  be  necessary  for  such  purpose.  [See  § 62, 
item  29. 

247.  Water  fund  tax.^  § 2.  The  legislative  authority  of  any 

such  city  which  now  has  or  which  may  hereafter  have  established 
water  works,  for  the  supply  of  water  to  the  inhabitants  thereof, 
shall  have  power  to  annually  levy  and  collect  a tax  upon  the  tax- 
able real  and  personal  estate  of  any  such  city,  not  to  exceed  one 
mill  on  the  dollar,  for  the  extension  of  water  mains  or  pipes 
therein  and  the  maintenance  of  such  water  works,  which  tax  shall 
be  known  as  “The  Water  Fund  Tax,”  and  shall  be  levied  and  col- 
lected in  the  same  manner  that  other  general  taxes  of  any  such 
city  are  levied  and  collected:  Provided.,  however.,  that  the  board 

of  public  works  of  such  city,  if  any,  or  the  head  of  the  water  de- 
partment of  such  city,  shall  first  certify  to  such  legislative  author- 
ity the  amount  that  will  be  necessary  for  such  purposes,  and  shall 
further  certify  that  the  revenue  or  income  from  such  water  works 
will  be  insufficient  therefor. 

[248.  Emergency  clause — omitted.] 


124 


:\tISCELLAXEOUS  STATUTES. 


ASSESSMENT  AND  COLLECTION  OF  MUNICIPAL 

TAXES. 


AN  ACT  in  regard  to  aHscesmeut  and  collection  of  municipal  taxes.  Approved  May  23, 
1877.  In  force  July  1,  1877.  L.  1877,  p.  61. 

Section  1.  How  may  be  assessed  and  collected. 

249.  Hov:)  may  be  assessed  and  collected.^  § 1.  Be  it  enacted 
by  the  People  of  the  State  (f  Illinois  represented  in  the  General 
Assemblip  That  all  cities,  villages,  and  incorporated  towns,  in  this 
State,  whether  organized  under  the  general  law  or  special  charters, 
shall  assess  and  collect  their  taxes,  in  the  manner  provided  for  in 
article  eight  (8)  of  the  act  entitled,  “An  act  to  provide  for  the  in- 
coiporation  of  cities  and  villages,”  approved  April  10,  1872,  and 
in  the  manner  provided  for  in  the  general  revenue  laws  of  this 
State;  and  all  acts,  or  parts  of  act,  inconsistent  with  the  provis- 
ions of  this  act,  are  hereby  repealed. 

[Sections  250  to  273  omitted — the  law  repealed.] 


SEWERAGE. 


AN  ACT  to  enable  cities,  towns  and  villages  to  contract  with  each  other  for  sewerage. 

Approved  .May  14,  1879.  In  force  July  1,  1879.  L.  1879,  p.  75. 

Section.  Section. 

1.  May  contract  for  sewerage,  etc.  i 2.  How  contract  made. 

274.  May  contract  for  seiceraye.,  etc.^  § 1.  Be  it  enacted  by 
the  People  of  the  State  of  Illinois  represented  in  the  General  ^Is- 
sembbp  That  whenever  any  city  or  incorporated  town  or  village, 
shall  be  adjacent  or  contiguous  to  any  other  city  or  incorporated 
town  or  village,  they  shall  be  authorized  to  contract  with  each 
other  upon  such  terms  as  may  be  agreed  upon  between  them,  to 
allow  and  permit  the  one  the  use  and  benefit  of  any  sewer  or 
drain,  or  of  any  system  of  sewerage  or  drainage,  heretofore  con- 
structed, or  which  may  be  hereafter  constructed  by  the  other, 
and  further,  that  any  such  sewer  or  drain  or  system  of  sewer- 
age or  drainage  constructed  or  which  may  hereafter  be  con- 
structed by  the  one,  may  be  extended  or  furnished  to  the 
inhaliitants  of  the  other,  and  they  may  liy  contract  with  each 
other  provide  for  the  joint  construction  of  any  sewer  or  drain 
by  the  municipalities  so  contracting,  and  for  the  common  use 
thereof  by  the  inhabitants  of  such  municipalities. 


AtlSCELLANEOlfS  STATUTES. 


125 


275.  Hov^  contract  made. ^ § 2.  The  contract  contemplated  in 
section  one  of  this  act  may  be  made  by  ordinance  or  resolution 
duly  enacted  or  passed  by  the  Common  Council,  Board  of  Trustees, 
or  other  proper  legislative  authority  of  the  city,  or  incorporated 
town  or  village  proposing  such  contract,  and  ratified  or  assented  to 
by  ordinance  or  resolution  duly  enacted  or  passed  by  the  Common 
Council,  Board  of  Trustees,  or  other  proper  legislative  authority 
of  the  city  or  incorporated  town  or  village  confirming  or  agreeing 
to  such  contract,  and  every  such  contract,  when  ratified  or  con- 
firmed by  the  proper  corporate  authorities  of  the  municipal  cor- 
porations who  are  parties  thereto,  shall  be  in  all  respects  valid 
and  bindino;. 


SIDEWALKS. 


AN  ACT  to  provide  additional  means  for  the  construction  of  sidewalks  in  cities,  towns 
and  villages.  Approved  April  15,  1875.  In  force  July  1,  1875.  L.  187.5,  p.  t>3. 

Section.  Section. 

1.  Sidewalks  by  taxation.  5.  General  officer  to  obtain  judgment— by 

2.  What  ordinance  may  provide.  what  law  governed. 

3.  In  case  of  default  to  construct  side-  6.  When  constructed  by  owner,  may  ob- 

walk.  I tain  order. 

4.  Special  tax— duty  of  Clerk — report.  1 

276.  Sideicalks  hy  taxation^  § 1.  Be  it  enacted  by  the  Peo- 
ple of  the  State  of  Illinois.,  rep>resented  in  the  General  Assembly, 
That  in  addition  to  the  mode  now  authorized  by  law,  any  city  or 
incorporated  town  or  village,  may  by  ordinance  provide  for  the 
construction  of  sidewalks  therein,  or  along  or  upon  any  street  or 
part  of  street  therein,  and  may,  by  such  ordinance,  provide  for  the 
payment  of  the  whole  or  any  part  of  the  cost  thereof  by  special 
taxation  of  the  lot,  lots  or  parcels  of  land  touching  upon  the  line 
where  any  such  sidewalk  is  ordered,  and  such  special  taxation 
may  be  either  by  a levy  on  any  lot  of  the  whole,  or  any  part  of 
the  cost  of  making  any  such  sidewalk  in  front  of  such  lot  or  par- 
cel of  land,  or  by  levying  the  whole  or  any  part  of  the  cost  upon 
each  of  the  lots  or  parcels  of  land  touching  upon  the  line  of  such 
sidewalk,  pro  rata,  upon  each  of  said  lots  or  parcels,  according  to 
their  respective  values — the  values  to  be  determined  by  the  last 
preceding  assessment  thereof  foV  the  purpose  of  State  and  county 
taxation;  or  the  whole  or  afiy  part  of  the  cost  thereof  may  be  lev- 
ied upon  such  lots  or  parcels  of  land  in  ]5ro])ortion  to  their  front- 
age upon  such  sidewalks,  or  in  {proportion  to  their  su{perficial  area, 
as  may  be  {provided  by  the  ordinance  ordering  tlie  laying  down  of 


126 


^VIISCET.LANEOXJS  STATUTES. 


such  sidewalk;  and  in  case  such  ordinance  shall  only  require  the 
payment  of  a part  of  the  cost  of  such  sidewalk  to  be  paid  by  a 
special  tax  as  aforesaid,  then  the  residue  of  such  cost  shall  be  paid 
out  of  any  fund  of  such  city,  town  or  village  raised  by  general 
taxation  upon  the  property  thereof,  and  not  otherwise  appropri- 
ated. 

277.  What  ordinance  may  promde?[  §2.  Said  ordinance  shall 
define  the  location  of  such  proposed  sidewalk  with  reasonable 
certainty,  shall  prescribe  its  width,  the  materials  of  which  it 
shall  be  constructed,  and  the  manner  of  its  construction,  and  may 
provide  that  the  materials  and  construction  shall  be  under  the 
supervision  of,  and  subject  to  the  approval  of  some  officer  or 
board  of  officers  of  such  city,  town  or  village,  to  be  designated 
in  said  ordinance.  Said  ordinance  shall  be  published  as  required 
by  law  for  other  ordinances  of  said  city,  town  or  village  and 
may  require  all  owners  of  lots  or  parcels  of  land  touching  the 
line  of  said  proposed  sidewalk,  to  construct  a sidewalk  in 
front  of  their  respective  lots  or  parcels  in  accordance  with  the 
specifications  of  said  ordinance,  within  thirty  days  after  such  pub- 
lication, and  in  default  thereof,  said  material  to  be  furnished  and 
sidewalk  to  be  constructed  by  said  city,  town  or  village,  and  the 
cost,  or  such  part  thereof  as  may  be  fixed  in  said  ordinance,  may 
be  collected  from  their  respective  owners  of  said  lots  or  parcels 
of  land  as  hereinafter  provided. 

278.  In  case  of  default  to  construct  sideioalh.^  § 3.  In  case  of 
the  default  of  any  lot  owner  or  owners  to  construct  the  sidewalks, 
as  required  by  ordinance,  and  the  same  shall  be  constructed  by 
the  city,  town  or  village,  the  cost  thereof,  or  such  part  of  the  cost 
thereof  as  may  have  been  fixed  by  said  ordinance,  may  be  recovered 
of  the  owners  so  in  default,  by  an  action  of  debt  in  the  name  of 
the  city  town  or  village,  against  such- owners  respectively,  in  any 
court  of  competent  jurisdiction,  or  upon  the  completion  of  the 
work  by  such  city,  town  or  village.  Such  ordinance  may  provide 
that  a bill  of  the  cost  of  such  sidewalk,  showing  in  separate  items 
the  cost  of  grading,  materials,  laying  down  and  supervision,  shall 
be  filed  in  the  office  of  the  Clerk  of  such  city,  town  or  village,  cer- 
tified to  by  the  officer  or  board  designated  by  said  ordinance  to 
take  charge  of  the  construction  of  such  sidewalk,  together  with  a 
list  op  the  lots  or  parcels  of  land  touching  upon  the  line  of  said 
sidewalk,  the  names  of  the  owners  thereof,  and  the  frontage,  super- 
ficial area,  or  assessed  value  as  aforesaid,  according  as  said  ordi- 
nance may  provide  for  the  levy  of  said  cost  by  frontage,  super- 
ficial area  or  assessed  value;  whereupon  said  Clerk  shall  proceed 
to  prepare  a special  tax  list  against  said  lots  or  parcels,  and  the 
owners  thereof,  ascertaining  by  computation  the  amount  of  spe- 


iflSCELL  ANEOliS  STATUTES. 


i 1 I 


127 

cial  tax  to  be  charged  against  each  of  said  lots  or  parcels  and  the 
owners  tliereof,  on  account  of  the  construction  of  said  sidewalk, 
according  to  the  rule  fixed  for  the  levy  of  such  special  tax  by 
said  ordinance,  which  special  tax  list  shall  be  filed  in  the  office  of 
said  Clerk;  and  said  Clerk  shall  thereupon  issue  warrants  directed 
to  such  officer  as  may  be  designated  in  such  ordinance,  for  the 
collection  of  the  amount  of  special  tax  so  ascertained  and  appear- 
ing from  said  special  tax  list  to  be  due  from  the  respective  own- 
ers of  the  lots  or  parcels  of  land  touching  upon  the  line  of  said 
sidewalk;  and  such  officer  shall  proceed  to  collect  such  warrants 
in  the  same  manner  as  constables  are  authorized  to  collect  execu- 
tions, and  make  return  thereof,  together  with  the  moneys  col- 
lected, to  the  Clerk  of  such  city,  town  or  village,  within  sixty  days 
from  the  date  of  their  issue;  and  in  case  any  such  warrant  shall 
be  returned,  as  to  the  whole  or  any  part  thereof,  “no  property 
found,”  other  warrants  may  issue,  and  proceedings  by  garnish- 
ment may  be  resorted  to  as  in  cases  of  garnishment  in  aid  of  col- 
lection of  judgments  at  law,  and  all  moneys  s'o  collected  and  paid 
over  to  said  Clerk,  shall  be,  by  him,  immediately  paid  over  to  the 
Treasurer  of  said  city,  town  or  village. 

279.  Special  tax — duty  of  Clerk — report^^  § 4.  Upon  the  failure 
to  collect  such  special  tax  as  heretofore  provided  in  this  act,  it 
shall  be  the  duty  of  said  Clerk,  within  such  time  as  said  ordinance 
may  provide,  to  make  report  of  all  such  special  tax,  in  writing,  to 
such  general  officer  of  the  county  as  may  be  authorized  l)y  law  to 
apply  for  judgment  against,  and  sell  lands  for  taxes  due  the  county 
or  State,  of  all  the  lots  or  parcels  of  land  upon  which  such  special 
tax  shall  be  so  unpaid,  with  the  names  of  the  respective  owners 
thereof,  so  far  as  the  same  are  known  to  said  Clerk,  and  the  amount 
due  and  unpaid  upon  each  tract,  together  with  a copy  of  the  ordi- 
nance ordering  the  construction  of  said  sidewalk,  which  report 
shall  be  accompanied  by  the  oath  of  the  Clerk  that  the  list  is  a 
correct  return  of  the  lots  and  parcels  of  land  on  which  the  special 
tax  levied  by  authority  of  said  city,  town  or  village,  for  the  cost 
or  partial  cost  (as  the  case  may  be)  of  the  sidewalk  in  said  ordi- 
nance specified,  remains  due  and  unpaid,  and  that  the  amounts 
thei  ein  stated  as  due  and  unpaid  have  not  been  collected,  nor  any 
part  thereof.  Said  reports,  when  so  made,  shall  be  prima  facie 
evidence  that  all  the  forms  and  requirements  of  the  law  in  rela- 
tion to  making  such  return  have  been  complied  with,  and  that  the 
special  tax  as  mentioned  in  said  report,  is  due  and  unpaid. 

280.  General  officer  to  obtain  judqmeyit—by  what  law  qoverned.\ 
§ 5.  When  said  general  officer  shall  receive  the  aforesaid  i-e- 
port,  he  shall  at  once  ])roceed  to  obtain  judgment  against  said  lots 
or  parcels  of  land  for  said  special  tax  remaining  due  and  unpaid. 


128 


mtscet.i.a^teous  statutes. 


in  the  same  manner  as  may  be  provided  by  law  for  obtaining 
judgment  against  lands  for  taxes  due  and  unpaid  the  county  and 
State,  and  shall  in  the  same  manner  proceed  to  sell  the  same  for 
the  said  special  tax  due  and  unpaid.  In  obtaining  said  judgment 
and  making  said  sale,  the  said  officer  shall  be  governed  by  the 
general  revenue  laws  of  this  State,  except  when  otherwise  pro- 
vided herein,  and  said  general  laws  shall  also  be  applicable  to 
the  execution  of  certificates  of  sale,  and  deeds  tliereon,  and  the 
force  and  effect  of  such  sales  and  deeds;  and  all  other  laws  in  re- 
lation to  the  enforcement  and  collection  of  taxes,  and  redemption 
from  tax  sales,  shall  be  applicable  to  proceedings  to  collect  such 
special  tax,  except  as  herein  otherwise  provided. 

281.  When  constructed  by  oicnei\  may  .obtain  order  ^ § 6. 

Whenever  payment  of  the  costs  of  any  such  sidewalk  is  required 
to  be  made  in  part  by  special  tax,  and  in  jDart  out  of  the  general 
fund  of  such  city,  town  or  village,  and  the  owner  of  any  such  lot  or 
parcel  of  land  shall  construct  such  sidewalk  in  accordance  with 
the  ordinance  providing  for  its  construction,  such  owner  shall  file 
with  the  Clerk  of  such  city,  town  or  village,  an  itemized  state- 
ment of  the  cost  of  such  sidewalk  so  constructed  by  him,  verified 
by  affidavit,  together  with  a certificate  of  the  officer  or  board  di- 
rected by  such  ordinance  to  superintend  the  construction  thereof, 
that  such  sidewalk  has  been  constructed  and  fully  completed  by 
such  owner  in  accordance  with  such  ordinance,  and  the  Council 
of  such  city,  town  or  village  shall  thereupon,  at  its  first  meeting 
thereafter,  allow  and  order  to  be  issued  to  such  owner  an  order  on 
the  Treasurer  of  such  city,  town  or  village,  for  the  cost  of  the  con- 
struction of  such  sidew^alk,  less  the  amount  of  special  tax  charge- 
able to  the  lot  or  parcel  of  land  of  such  owner  on  the  line  of 
which  such  sidewalk  has  been  so  constructed. 


M I S ( ’ E L I.  A N K O i:  S S r A T U T E S . 


129 


TO  WN  ST  1 1 P OliG  A N 1 ZA'HON . 


AN  ACT  to  authorize  county  hoards  in  counties  under  township  organization  to  organize 
certain  territory  situated  therein  as  a town.  Ap])roved  May  ^3,  1877.  In  force  July 
1,  1877.  L.  1877,  p.  212. 

ORGANIZATION  OF  TOWNS  BY  COUNTY  BOARDS. 


Section. 

1.  Territory  in  city  organized  as  town. 

2.  Town  in  city. 

:I.  Election  of  officers. 

4.  Powers  exercised  by  Council. 


Seetion. 

' 5.  What  City  Council  may  provide. 

' 6.  May  regulate  the  number  of  Justices. 
{ 7.  Vacancies. 


282.  Territory  of  city  organized  as.  tovm.\  § L.  Be  it  enacted 
by  the  People  of  the  State  of  Illinois^  re^jresented  in  the  General 
Assembly^  That  the  county  board,  in  any  county  under  township 
organization,  may  provide  that  the  territoVy  embraced  within  any 
city  in  such  county  shall  be  organized  as  a town:  Provided^  such 
territory  shall  have  a population  of  not  less  than  three  thousand. 
And  prodded^  The  City  Council  in  such  city  shall  by  resolution 
request  such  action  by  the  county  board. 

283.  Town  in  city?^  § 2.  The  territory  of  any  city  now  organ- 
ized, within  the  limits  of  any  county  under  township  organization, 
and  not  situated  within  any  town,  shall  be  deemed  to  be  a town. 

284.  Election  of  oficers,\  § 3.  All  town  officers  within  any  town 
organized  as  aforesaid  shall  be  elected  at- the  annual  charter  elec- 
tion  of  such  city.  All  general  elections  held  in  such  city  and 
town  shall  be  held  at  the  same  voting  places  as  the  city  elections, 
with  judges  and  clerks  appointed  in  like  manner  as  for  the  city 
elections. 

285.  What  powers  .exercised  by  Council. \ § 4.  The  powers 

vested  in  such  towns  shall  be  exercised  by  the  City  Council. 

286.  What  City  Council  may  2^r ovule. \ §5.  The  City  Council 
in  such  city  and  town  may  by  ordinance  provide  that  the  offices  of 
City  and  Town  Clerk  shall  be  united  in  the  same  person;  that  the 
election  of  TIighway  Commissioners  shall  be  discontinued;  that 
the  offices  of  Supervisor  and  Poormaster  shall  be  separated,  and 
the  Poormaster  appointed  by  the  City  Council. 

287.  Afay  regulate  the  number  of  Justices.^  § 6.  The  City 
Council  in  such  city  and  town  may  from  time  to  time  regulate  the 
number  of  Justices  of  the  Peace,  Police  Magistrates  and  Consta- 
bles to  be  elected  within  such  city  and  town;  l)ut  the  number 
elected  to  either  of  such  offices  shall  not  exceed  the  number 
allowed  by  law  to  other  towns  of  like  population. 

288.  Va<xmcies.^^  § 7.  Vacancies  in  any  of  the  town  offices 
within  such  citv  and  town  may  be  filed  by  the  Citv  Council. 

9 


130 


MIS  C E L L A N E O U S ST  A T U T E S 


SUITS— HOW  BROUGHT 


AN  ACT  entitled  “An  act  in  regard  to  suits  by  incorporated  cities  and  villages,  and  to 
enforce  penalties  and  recover  fines  for  violating  the  ordinances  thereof.”  Approved 
ISIay  81,  1879.  In  force  July  1,  1879.  L.  1879,  p.  79. 


289.  jSuUs  — how  brought^  § 1.  Be  it  enacted  by  the 

People  of  the  State  of  Illinois  represented  in  the  General  Assem- 
bly^ That  all  actions  to  recover  any  fine,  or  to  enforce  any  pen- 
alty, under  any  ordinance  of  any  city  or  village  in  this  State, 
shall  be  brought  in  the*  corporate  name  of  the  city  or  village,  as 
plaintiff,  and  no  prosecution,  recovery  or  acquittal  for  the  viola- 
tion of  any  such  ordinance  shall  constitute  a defense  to  any  other 
prosecution  of  the  same'  party,  for  aii}’^  other  violation  of  any  such 
ordinance,  although  the  different  causes  of  action  existed  at  the 
same  time,  and,  if  united,  would  not  have  exceeded  the  jurisdic- 
of  the  court  or  maoustrate. 


PUNISHMENT  OF  PERSONS  VIOLATING  ORDINANCES. 


AN  ACT  to  provide  for  the  punishment  of  persons  violating  any  of  the  ordinances  of  the 
several  cities  and  villages  in  this  State.  Approved  and  in  force  April  12,  1879.  L. 
1879,  p.  70. 


290.  Arrest — imprisonment — icork-hoxise?\^  § 1.  Be  it  en- 
acted by  the  People  of  the  State  of  Illinois  represented  in  the 
Genercd  Assembly^  That  in  all  actions  for  the  violation  of  any 
ordinance  of  any  city  or  village  organized  under  any  general  or 
special  law  of  this  State,  the  first  process  shall  be  a summons; 
Provided^  however^  that  a warrant  for  the  arrest  of  the  offender 
may  issue  in  the  first  instance,  upon  the  affidavit  of  any  person 
that  any  such  ordinance  has  been  violated,  and  that  the  person 
making  the  complaint  has  reasonable  grounds  to  believe  the  party 
charged  is  guilt}"  thereof;  and  any  person  arrested  upon  such  war- 
rant, shall,  without  unnecessary  delay,  be  taken  before  the 
proper  officer,  to  be  tried  for  the  alleged  offense.  Any  person 
upon  whom  any  fine  or  penalty  shall  be  imposed  may,  upon  the 
oi'der  of  the  court  or  magistrate  before  whom  the  conviction  is 
had,  be  committed  to  the  county  jail  or  the  calaboose,  city  prison, 
work- house,  house  of  correction,  or  other  places  provided  by  such 


Section  1.  Suits— bow  brought,  etc. 


Section. 

1.  Arrest— punishment. 


Section. 

I 2.  Repeal. 


:\r  I s r E 1. 1.  A N E o u s statutes. 


131 


cities  or  villages  l)y  ordinance  for  the  incarceration  of  such  offend- 
ers until  such  fine,  penalty  and  cost  shall  be  fully  paid:  Provided^ 
that  no  such  imprisonment  shall  exceed  six  months  for  any  one 
offense.  The  City  Council  or  Board  of  Trustees  of  any  such  cities 
or  villages  shall  have  power  to  provide  by  ordinance  that  every 
person  so  committed  shall  be  required  to  work  at  such  labor  as 
his  or  her  strength  will  permit,  within  and  without  such  prison, 
work-house,  house  of  correction  or  othe  place  provided  for  the  in- 
carceration of  such  offenders,  not  to  exceed  ten  hours  each  work- 
ing day;  and  for  such  work  the  person  so  employed,  or  worked, 
shall  be  allowed,  exclusive  of  his  or  her  board,  the  sum  of  fifty 
cents  for  each  day’s  work  on  account  of  such  fine  and  costs. 

'^91.  Repeal^  § 2.  All  acts  and  parts  of  acts  inconsistent 
with  the  foregoing  section  are  hereby  repealed. 

[Emergency  clause — omitted.] 


ELECTIONS. 


AN  ACT  to  provide  for  the  time  of  opening  and  closing  the  polls  during  elections  of 
cities,  towns  and  villages  in  this  State.  Approved  May  29, 1879.  In  force  July  1,  1879. 
L.  1879,  p.  70. 

Section  1.  Time  of  opening  and  closing  polls. 

292.  Time  of  opening  and  closing  polls. ^ § 1.  Re  it  enacted 

by  the  People  of  the  State  of  Illinois.,  rejyresented  in  the  General 
Assembly.,  That  in  all  city,  town  or  village  elections,  in  this  State, 
the  polls  shall  remain  open  from  eight  (8)  o’clock  a.  m.,  until 
seven  (7)  o’clock  p.  m.,  any  law  in  any  special  charter  to  the  con- 
trary notwithstanding. 


ISSUING  WARRANTS. 


AN  ACT  to  provide  for  the  manner  of  issuing  warrants  upon  the  Treasurer  of  any  county, 
township  Mty,  school  district  or  other  municipal  cori)oration,  and  jurors’  certificates. 
Approved  May,  31,  1879.  In  force  July  1,  1879.  L.  1879,  p.  78. 

Section.  Section. 

1.  When  warrants  may  be  drawn.  3.  Jurors’  certificates. 

2.  Issued  in  anticipation  of  taxes. 

293.  When  vKirrayits  may  be  dravmf\  § ].  Be  it  enacted 
by  the  People  of  the  State  <f  Illinois.,  represented  hi  the  Gemeral 
Assembly.,  That  warrants  payable  on  demand,  shall  hereafter  be 


182 


M I S C E I.  T.  A X E O U S STATUTES. 


drawn  and  issued  upon  the  Treasurer  of  this  State  or  of  any 
county,  township,  city,  school  district  or  other  municipal  corpora- 
tion, or  against  any  fund  in  his  hands,  only  when  at  the  time  of 
the  drawing  and  issuing  of  such  warrants,  there  shall  be  sufficient 
money  in  the  appropriate  fund  in  the  Treasury  to  pay  said  war- 
rants. 

294.  Issued  in  anticiiyation  of  taxes^  §2.  That  whenever  there 
is  no  money  in  the  Treasury  of  any  county,  township,  city,  school 
district  or  other  municipal  corporation  to  meet  and  defray  the  or- 
dinary and  necessary  expenses  thereof,  it  shall  be  lawful  for  the 
proper  authorities  of  any  county,  township,  city,  school  district  or 
other  municipal  corporation,  to  provide  that  warrants  may  be 
drawn  and  issued,  against  and  in  anticipation  of  the  collection  of 
any  taxes,  already  levied  by  said  authorities  for  the  payment  of 
the  ordinary  and  necessary  expenses  of  any  such  municipal  cor- 
poration, to  the  extent  of  seventy-five  per  centum  of  the  total 
amount  of  any  said  tax  levy:  Provided^  that  warrants  drawn  and 
issued  under  the  provisioiis  of  this  section,  shall  show  upon  their 
face  that  they  are  payable  solely  from  said  taxes  when  collected, 
and  not  otherwise,  and  shall  be  received  by  any  collector  of  taxes 
in  payment  of  the  taxes  against  which  they  are  issued,  and  which 
taxes,  against  which  said  warrants  are  drawn,  shall  be  set  apart 
and  held  for  their  payment. 

295.  Jurods  certificates. \ § 3.  All  jurors’  certificates  shall 

hereafter  be  issued  in  conformity  and  with  the  provisions  of  this 


AN  ACT  providing  for  labor  on  the  streets  and  alleys  of  all  cities  and  villages  in  this 
State.  Approved  May  31,  1879.  In  force  July  1,  1879.  L.  1879,  p.  79. 


29G.  Lahor  on  streets.,  etc.^  § 1.  Be  it  enacted  hy  the  Peo- 
ple of  the  iState  of  Illinois  represented  in  the  General  Assembly., 
That  the  City  Council  in  all  cities  and  the  President  and  Board 
of  Trustees  in  all  villages  in  this  State,  may  have  power,  by  ordi- 
nance, to  ret^uire  every  able-bodied  male  inhabitant  of  any  such 
city  or  village,  above  the  age  of  twenty-one  years,  and  under  the 
age  of  fifty  years  (excepting  paupers,  idiots,  lunatics,  and  such 
others  as  are  exempt  bv  law),  to  labor  on  the  streets  and  alleys  of 
any  such  city  or  village,  not  more  than  two  (2)  days  in  each  year; 


act. 


LABOR  ON  STREETS 


Section. 

1.  Lahor  on  streets,  etc. 


Section. 

'Z.  Fines  and  penalties. 


.M  I S C E L 1.  A N E O U S !S  T A T U r E S . 


133 


but  such  ordinance  shall  provide  for  commutation  of  such  labor 
at  seventy-five  cents  per  day. 

297.  F'hies  a) id  penalties.^  § 2.  Any  such  City  Council  or 
President  and  Board  of  Trustees  of  any  such  village  shall  have 
power,  by  ordinance,  to  provide  such  fines  and  penalties  as  may 
be  necessary  to  enforce  the  provisions  of  this  act. 


RATE  OF  TAXATION. 


AN  ACT  iu  relatiou  to  the  rate  of  taxation  iu  cities,  villages  aud  incorporated  towns. 

Approved  May  30,  1881.  In  force  May  30,  1881. 

Section.  \ Section. 

1.  Remits  additional  levy  of  1 per  cent.  3.  Former  levies  confirmed  and  legalized, 
for  school  purposes— how  collected. 

298.  Keniits  additional  levy  of  1 per  cent,  for  school  purposes — 
hov)  collected.^  1.  \Be  it  enacted  by  the  People  of  the  State  of 
Illinois  represented  in  the  General  Asseinhly..,  That  all  cities,  vil- 
lages and  incorporated  towns  in  this  State  not  now  having,  by  their 
respective  charters,  the  power  to  levy  and  collect  as  high  a rate  of 
taxation  as  is  herein  authorized  and  provided  for,  shall  hereafter 
have  power  to  assess,  levy  and  collect  annually  upon  the  taxable 
property  within  their  respective  limits,  for  all  corporate  purposes, 
in  addition  to  all  taxes  which  any  such  city,  town  or  village  may 
now  or  hereafter  be  authorized  by  law  to  levy  and  collect  to  sup- 
port and  maintain  schools,  erect  school  buildings  and  for  all  other 
school  purposes,  and  to  pay  interest  on  its  registered  bonded  in- 
debtedness, such  an  amount  as  their  respective  corporate  authori- 
ties may  prescribe  not  exceeding  in  any  year  the  rate  of  one  per 
cent,  of  the  assessed  valuation  of  such  taxable  property  as  equal- 
ized by  the  State  Board  of  Equalization  for  the  preceding  year. 
And  the  said  rate  authorized  by  this  act  shall  be  in  lieu  of  all  rates 
and  items  of  taxation  now  provided  and  authorized  in  such  char- 
ters, for  all  purposes  other  than  for  schools,  the  erection  of  school 
buildings,  and  all  other  school  purposes,  and  for  paying  interest 
on  the  registered  bonded  indebtedness  of  such  city,  town  or  vil- 
lage. 

299.  Former  levies  cotifirmed  and  legalized.^  § 2.  Every 
tax  levy  made  for  lawful  corporate  purpose  by  any  city,  village  or 
incorporated  town,  within  this  State,  in  the  year  1880  up  to  the 
rate  of  taxation  above  authorized,  is  hereby  ratified,  authorized, 
legalized  and  confirmed  to  the  same  effect  in  all  respects  as  though 
such  levy  had  been  made  subsequent  to  the  going  in  to  effect  of 
this  act. 


134 


M I S G E J.  L A N E U U S S T A T G'  T E S . 


LIBRARIES. 


OF  CITIES,  VILLAGES,  TOWNS  AND  TOWNSHIPS. 


AN  ACT  to  authorize  cities,  incorporated  towns  and  townships  to  establish  and  main- 
tain free  public  libraries  and  reading-rooms.  Approved  and  in  force  March  7,  1872. 
L.  1871-2,  p.  609. 


Section. 

1.  Establishment  by  city— tax — fund. 

2.  Appointment  of  directors. 

3.  Term  of  office — removal. 

4.  Vacancies— compensation. 

5.  Organization  — powers  of  directors  — 

funds. 

6.  Who  may  use  library. 

7.  Report  of  directors. 

8.  Council  may  fix  penalties. 


Section. 

9.  Donations. 

10.  Powers  of  villages,  towns  and  town- 

ships. 

11.  Directors  in  villages,  towns  and  town- 

ships. 

12.  Library  associations  may  sell,  etc.,  to 

public  library— meeting — notice. 

13.  Vote— manner  of  making  conveyance, 

etc. 


300.  M stahlisliment  hy  city — tax-fund^  § 1.  Be  it  enacted 
by  the  People  of  the  State  of  Illinois.,  represented  in  the  Gen- 
eral Assembly.,  That  the  City  Council  of  each  incorporated  city 
shall  have  power  to  establish  and  maintain  a public  library  and 
reading-room  for  the  use  and  benefit  of  the  inhabitants  of  such 
city,  and  may  levy  a tax  of  not  to  exceed  one  mill  on  the  dollar, 
annually,  and  in  cities  of  over  one  hundred  thousand  inhabitants, 
not  to  exceed  one-fifth  of  a mill  on  the  dollar  annually,  on  all 
the  taxable  property  in  the  city,  except  for  the  years  A.  D. 
eighteen  hundred  and  eighty-one  and  eighteen  hundred  and 
eighty-two,  respectively,  in  cities  of  over  one  hundred  thou- 
sand inhabitants,  the  said  tax  may  be  one-half  of  a mill  on  the 
dollar,  such  tax  to  be  levied  and  collected  in  like  manner 
with  the  general  taxes  of  said  city,  and  to  be  known  as  the 
“library  fund;”  and  the  said  annual  library  tax  in  cities  of  over 
one  hundred  thousand  inhabitants  for  the  years  A.  D.  eighteen 
hundred  and  eighty-one  and  eighteen  hundred  and  eighty-two 
shall  not  be  included  in  the  aggregate  amount  of  taxes  as 
limited  by  section  one,  of  article  eight  of  “An  act  for  the  in- 
corporation of  cities  and  villages,”  approved  April  ten,  eighteen 
hundred  and  seventy-two,  but  for  years  other  than  the  years  A. 
D.  eighteen  hundred  and  eighty-one  and  eighteen  hundred  and 
eighty-two,  the  said  library  tax  shall  be  included  in  the  said  aggre- 
gate amount  of  taxes  so  limited  by  said  section  one.  [As  amend- 
ed by  act  approved  and  in  force  March  24,  1881.  L.  1881,  p.  3. 

301.  Pirectors.^  § 2.  When  any  City  Council  shall  have  de- 
cided to  establish  and  maintain  a public  library  and  reading-room 
under  this  act,  the  Mayor  of  such  city  shall,  with  the  approval  of 


t 

MISCELLANEOUS  STATUTES.  lo5 

the  City  Council,  proceed  to  appoint  a board  of  nine  directors  for 
the  same,  chosen  from  the  citizens  at  large  with  reference  to  their 
fitness  for  such  office;  and  not  more  than  one  member  of  the  City 
Council  shall  be  at  any  time  a member  of  said  board. 

302.  Term  of  office — removal.^  § 3.  Said  directors  shall  hold 
office  one-third  for  one  year,  one-third  for  two  years,  and  one-third 
for  three  years,  from  the  first  of  July  following  their  appointment, 
and  at  their  first  regular  meeting  shall  cast  lots  for  the  respective 
terms;  and  annually  thereafter  the  Mayor  shall,  before  the  first  of 
July  of  each  year,  appoint  as  before  three  directors,  to  take  the 
place  of  retiring  directors,  who  shall  hold  office  for  three  years, 
and  until  their  successors  are  appointed.  The  Mayor  may,  by 
and  with  the  consent  of  the  Ciy  Council,  remove  any  director 
for  misconduct  or  neglect  of  duty. 

303.  Vacancies — compensation.\  § J.  Vacancies  in  the  board 
of  directors,  occasioned  by  removals,  resignation,  or  otherwise, 
shall  be  reported  to  the  City  Council,  and  be  filled  in  like  man- 
ner as  original  appointments,  and  no  director  shall  receive  com- 
pensation as  such. 

304.  Orga7iizatio)i — poicers  of  directors— ftincls.  § 5.  Said 
directors  shall,  immediately  after  appointment,  meet  and  organ- 
ize by  the  election  of  one  of  their  number  president,  and  by  the 
election  of  such  other  officers  as  they  may  deem  necessary.  They 
shall  make  and  adopt  such  by-laws,  rules  and  regulations  for  their 
own  guidance  and  for  the  government  of  the  library  and  reading- 
room  as  may  be  expedient,  not  inconsistent  with  this  act.  They 
shall  have  the  exclusive  control  of  the  expenditure  of  all  moneys 
collected  to  the  credit  of  the  library  fund,  and  of  the  construc- 
tion of  any  library  building,  and  of  the  supervision,  care  and 
custody  of  the  grounds,  rooms  or  buildings  constructed,  leased,  ^ 
or  set  apart  for  that  purpose:  Prorided^  that  all  moneys  received 
for  such  library  shall  be  deposited  in  the  treasury  of  said  city  to 
the  credit  of  the  library  fund,  and  shall  be  kept  separate  and 
apart  from  other  moneys  of  such  city,  and  drawn  upon  by  the 
proper  officers  of  said  city,  upon  the  proper  authenticated  vouch- 
ers of  the  library  board.  Said  board  shall  have  power  to  purchase 

or  lease  grounds  to  occupy,  lease  or  erect  an  appropriate  building 
or  buildings  for  the  use  of  said  library;  shall  have  power  to  ap- 
point a suitable  librarian  and  necessay  assistants,  and  fix  their 
compensation,  and  shall  also  have  power  to  remove  such  appoin- 
tees; and  shall,  in  general,  carry  out  the  spirit  and  intent  of  this 
act,  in  establishing  and  maintaining  a public  library  and  reading- 
room. 

305.  Vfho  may  use  library § 6.  Every  library  and  reading- 
room,  established  under  this  act,  shall  be  forever  free  to  the  use 


lo(»  MI8CEJ.i,A>  KUUS  STATUTES. 

of  the  inhabitants  of  the  city  where  located,  always  subject  to 
such  reasonable  rules  and  regulations  as  the  library  board  may 
adopt,  in  order  to  render  the  use  of  said  library  and  reading-room 
of  the  greatest  benefit  to  the  greatest  number;  and  said  board 
may  exclude  from  the  use  of  said  library  and  reading-room  any 
and  all  persons  who  shall  willfully  violate  such  rules.  And  said 
board  may  extend  the  privileges  and  use  of  such  library  and 
reading-room  to  persons  residing  outside  of  such  city  in  this 
State,  upon  such  terms  and  conditions  as  said  board  may  from 
time  to  time  by  its  regulations  prescribe. 

306.  Report  of  dlrectors?\  ^ 7.  The  said  board  of  directors 
shall  make,  on  or  before  the  second  Monday  in  June,  an  annual 
report  to  the  City  Council,  stating  the  condition  of  their  trust  on 
the  first  day  of  June  of  that  year,  the  various  sums  of  money  re- 
ceived from  the  library  fund  and  from  other  sources,  and  how 
such  moneys  have  been  expended,  and  for  what  purposes;  the 
number  of  books  and  periodicals  on  hand,  the  number  added  by 
purchase,  gift  or  otherwise,  during  the  year;  the  number  lost  or 
missing;  the  number  of  visitors  attending;  the  number  of  books 
loaned  out,  and  the  general  character  and  kind  of  such  books;  with 
such  other  statistics,  information  and  suggestions  as  they  may 
deem  of  general  interest.  All  such  portions  of  said  report  as  re- 
late to  the  receipt  and  expenditure  of  money,  as  well  as  the  num- 
l)er  of  books  on  hand,  books  lost  or  missing,  and  books  purchased, 
shall  be  verified  by  affidavit. 

307.  Penalties.^  § 8.  The  City  Council  of  said  city  shall 
have  power  to  pass  ordinances  imposing  suitable  penalties  for  the 
punishment  of  persons  committing  injury  upon  such  library  or 
the  grounds  or  other  property  thereof,  and  for  injury  to  or  failure 
to  return  any  book  belonging  to  such  library. 

308.  Donations.^  § 9.  Any' person  desiring  to  make  dona- 
tions of  money,  personal  property"  or  real  estate  for  the  benefit  of 
such  library,  shall  have  the  right  to  vest  the  title  to  the  money  or 
real  estate  so  donated  in  the  board  of  directors  created  under  this 
act,  to  be  held  and  controlled  by  such  board,  when  accepted, 
according  to  the  terms  of  the  deed,  gift,  devise  or  bequest  of  such 
property;  and  as  to  such  property  the  said  board  shall  be  held  and 
considered  to  be  special  trustees. 

309.  Powers  of  milages^  towns^  and  townships § 10.  When 
fifty  legal  voters  of  any  incorporated  town,  village  or  township 
shall  present  a petition  to  the  Clerk  of  the  town,  village  or  town- 
ship (or  trustee  of  schools  in  counties  not  under  township  organi- 
zation), asking  that  an  annual  tax  may  be  levied  for  the  estab- 
lishment and  maintenance  of  a free  public  library  in  such  town 
or  township,  and  shall  specify,  in  their  petition,  a rate  of  taxation 


.M  I S ( ' E 1. 1>  A N E U U 8 S T A T U T E S . 


not  to  exceed  two  mills  on  the  dollar,  such  Clerk  (or  trustee  of 
schools  in  counties  not  under  township  organization)  shall,  in  the 
next  legal  notice  of  the  regular  annual  election  in  such  town  or 
township,  give  notice  that  at  such  election  every  elector  may  vote 
“For  a . . . . mill  tax  for  a free  public  li))rary,”  or  “Against  a . . . . 
mill  tax  for  a free  public  library,”  specifying  in  such  notice  the 
rate  of  taxation  mentioned  in  said  petition;  and  if  the  majority  of 
all  the  votes  cast  in  such  town,  village  or  township  shall  be  “For 
the  tax  for  a free  public  library,”  the  tax  specified  in  sucli  notice 
shall  be  levied  and  collected  in  like  manner  with  other  general 
taxes  of  said  town  or  township,  and  shall  be  known  as  the  “Li- 
l)rary  Fund”:  Promded^  that  such  tax  shall  cease  in  case  the 
legal  voters  of  any  such  town,  village  or  township  shall  so  deter- 
mine by  a majority  vote,  at  any  annual  election  held  therein;  and 
the  corporate  authorities  of  such  towns  or  villages  may  exercise 
the  same  powers  conferred  upon  the  corporate  authorities  of  cities 
under  this  act. 

310.  Directors  itt  milages^  etc.^  § next  regular 

election  after  any  town,  village  or  township  shall  have  voted  to 
establish  a free  public  library,  there  shall  be  elected  a library 
board  of  six  directors,  one-third  for  one  year,  one-third  for  two 
years,  and  one-third  for  three  years,  and  annually  thereafter  there 
shall  be  elected  two  directors,  who  shall  hold  their  office  for  three 
years  and  until  their  succesors  ai(‘  elected  and  qualified;  which 
board  shall  have  the  same  powers  as  are  by  this  act  conferred 
upon  the  board  of  directors  of  free  public  lil)raries  in  cities. 

AN  ACT  to  enable  library  aeeociations  to  sell  and  transfer  their  real  and  personal  prop- 
erty. Approved  March  24,  1874.  In  force  July  1, 1874. 

311.  lAhrary  associations  may  sell^  etc.^  to  public  libraries — 

meeting — notice?^  § 1.  De  it  enacted  by  the  People  of  the  State 
of  Illinois  represented  hi  the  General  Assembly^  That  whenever 
any  library  association  organized  under  any  law  of  this  State,  and 
owning  any  real  or  personal  property  in  this  State,  shall  desire  to 
sell  or  lease  the  same,  or  any  part  thereof,  absolutely  or  with  con- 
ditions, to  the  board  of  directors  of  any  free  public  library,  organ- 
ized under  the  laws  of  this  State,  such  sale  or  lease  may  be  made 
in  the  manner  following,  viz:  The  directors  of  such  association 

shall  call  a meeting  of  all  the  members,  subscribers  or  stockhold- 
ers thereof,  to  be  held  at  the  rooms  of  said  library  or  office  of  the 
secretary  of  such  association,  written  or  printed  notice  of  the 
time,  place  and  object  of  such  meeting,  and  of  the  terms  and  con- 
ditions of  the  proposed  sale  or  lease  being  first  mailed,  at  least 
thirty  (30)  days  prior  to  the  time  of  such  meeting,  to  the  address 
of  each  member,  subscriber  or  stockholder  whose  place  of  resi- 


138 


MISCELLANEOUS  STATUTES. 


deuce  is  known  to  any  of  the  officers  or  directors  of  such  associa- 
tion, and  by  publishing  such  notice  for  at  least  thirty  (30)  consec- 
utive days  next  preceding  the  time  of  such  meeting,  in  some 
newspaper  published  and  of  general  circulation  in  the  county 
where  the  property  of  said  association  is  situate. 

312.  T"ott — manner  of  making  cow^eyance.  etc. ^ § 2.  If  the 
members,  subscribers  or  stockholders  representing  the  majority  in 
amount  of  the  stock  of  such  association,  shall  vote,  at  such  meet- 
ing, in  favor  of  such  sale  or  lease  upon  the  terms  or  conditions 
specified  in  such  notice,  or,  in  case  said  association  shall  consist 
of  two  or  more  departments,  if  a majority  of  the  members,  sub- 
scribers or  stockholders  of  each  department  shall  vote  at  such 
meeting  in  favor  of  such  sale  or  lease  so  specified,  then  the  presi- 
dent and  secretary  shall  cause  a record  of  the  proceedings  of  such 
meeting,  verified  by  the  oath  of  the  president  thereof,  together 
with  an  affidavit  of  the  service  or  publication  of  notice  as  herein 
i-equired,  to  be  filed  in  the  office  of  the  Clerk  of  the  Circuit  court 
of  the  county  where  the  property  of  such  association  is  situate; 
after  which  the  president  and  secretary  of  said  association  shall 
be  and  are  hereby  authorized  and  empowered  to  execute  any  and 
all  necessary  deeds,  leases,  bills  of  sale,  or  other  instruments  in 
writing,  to  carry  out  the  object  and  intent  of  said  vote;  which, 
when  duly  executed,  shall  be  sufficient  to  pass  to  the  board  of  di- 
rectors of  such  free  public  library  all  the  legal  and  equitable  title 
of  said  associations  in  and  to  the  real  or  personal  property  in  said 
instrument  described  as  therein  set  forth. 


EVIDE^X^E. 


Extract  from  Chapter  LI.,  eutitled  “Evidence  aud  Depositions.”  Revised  Statutes  1874. 

Records,  etc  , of  cities,  etc. — how  certified. 

314.  Iiecords,  etc..,  of  cities,  etc. — hoic  certified^  § 14.  The 
papers,  entries,  records  and  ordinances,  or  parts  thereof,  of  any 
city,  village,  town  or  county,  may  be  proved  by  a copy  thereof, 
certified  under  the  hand  of  the  clerk  or  keeper  thereof,  and  the 
corporate  seal,  if  there  be  any;  if  not,  under  his  hand  and  private 
seal. 


ir  I S C E 1.  L A X E U U S S T A T U T E S . 


139 


VACATION  OF  STREETS,  ALLEYS, 


Chapter  CXLV.,  Revised  Statutes,  1874.  An  Act  in  relation  to  the  vacation  of  streets 
and  alleys.  Approved  March  24,  1874.  In  force  July  1,  1874. 

flection.  I Section. 

1.  Three-fourths  vote  required— damages.  I 2.  Rights  of  adjoining  owners. 

315.  Three-fourths  vote  required — damages.]  § 1.  Me  it  en- 
acted by  the  People  of  the  /State  of  Illinois.,  represented  in  the 
General  Assembly.,  That  no  City  Council  of  any  city,  or  Board 
of  Trustees  of  any  village  or  town,  whether  incorporated  by 
special  act  or  under  any  general  law,  shall  have  power  to  vacate 
or  close  any  street  or  alley,  or  any  portion  of  the  same,  except 
upon  a three-fourths  majority  of  all  the  Aldermen  of  the  city 
or  Trustees  of  the  village  or  town  authorized  by  law  to  be 
elected,  such  vote  to  be  taken  by  ayes  and  noes,  and  entered  on 
the  records  of  the  council  or  board.  And  when  property  is  dam- 
aged by  the  vacation  or  closing  of  any  street  or  alley,  the  same 
shall  be  ascertained  and  paid  as  provided  by  law. 

316.  Mights  of  adjoining  oioners.]  § 2.  When  any  street, 
alley,  lane  or  highway,  or  any  part  thereof,  has  been  or  shall 
be  vacated  under  or  by  virtue  of  any  act  of  this  State  or  by 
order  of  the  City  Council  of  any  city,  or  Trustees  of  any  village 
or  town,  or  by  the  commissioners  of  highways,  county  board  or 
other  authority  authorized  to  vacate  the  same,  the  lot  or  tract 
of  land  immediately  adjoining  on  either  side  shall  extend  to 
the  central  line  of  such  street,  alley,  lane  or  highway  or  part 
thereof  so  vacated,  unless  otherwise  specially  provided  in  the 
act,  ordinance  or  order  vacating  the  same,  unless,  in  consequence 
of  more  of  the  land  for  such  street,  alley,  lane  or  highway  having 
been  contributed  from  the  land  on  one  side  thereof  than  the 
other,  such  division  is  inequitable,  in  which  case  the  street,  alley, 
lane  or  highway  so  vacated  shall  be  divided  according  to  the 
equities  of  the  adjoining  owners. 


14U 


MISCELLANEOUS  STATUTES. 


PLATS. 


AN  ACT  lu  revise  the  law  iu  relation  to  plate.  Approved  March  21,  1874.  In  force  July 
1,  1874.  t:hapter  CIX.  Revised  Statutes  1874. 


Section.  Section. 


1.  Laying  out  lowug,  etc. 

7. 

Of  vacation  of  part  of  plat. 

2.  Certificate  of  purveyor  — ackuowledg 

8. 

Cancelling  plat  of  record. 

raeut— record. 

9. 

Plats  of  highways,  etc.,  to  be  made 

3.  Dedication— effect  of 

and  recorded. 

4.  Neglect  to  plant  corner  stone,  etc. 

10. 

Prosecuting  offenders. 

5.  Penalty  for  selling  without  plat  re- 

11. 

Plate  in  proceedings  in  courts. 

corded,  etc. 

12. 

Effect  of  euch  maps. 

t).  Of  vacation  of  entire  plat. 

13. 

Costs. 

317.  Laiflug  out  of  toions.,  etc.^  1.  Be  it  enacted  by  the 
People  of  the  State  if  Illinois  represented^  in  the  General  Assem- 
bly'. Whenever  the  owner  of  lands  shall  wish  to  subdivide  the 
same  into  two  or  more  parts  for  the  purpose  of  laying  out  a town, 
or  making  an}-  addition  to  any  city,  village  or  town,  or  of  re-sub- 
dividing any  lots  or  blocks  therein,  he  shall  cause  the  same  to  be 
surveyed  and  a plat  thereof  to  be  made  by  the  county  surveyor  or 
some  other  competent  surveyor,  which  plat  shall  particularly  de- 
scribe and  set  forth  all  the  streets,  alleys,  common  or  public 
grounds,  and  all  the  in  and  out  lots  or  fractional  lots  or  blocks 
within,  adjoining  or  adjacent  to  the  land  so  divided,  giving  the 
names,  widths,  courses  and  extent  of  all  such  streets  and  alleys, 
and  numbering  all  lots  and  blocks  by  progressive  numbers,  giv- 
ing their  precise  length  and  width.  Reference  shall  also  lie  made 
u]>on  the  plat  to  some  known  and  permanent  monument  from 
which  future  surveys  may  be  made,  or,  if  no  such  monument  shall 
exist  within  convenient  distance,  the  surveyor  shall,  at  the  time 
of  making  his  surve}^,  plant,  and  tix  in  such  manner  that  the  same 
shall  not  be  moved  by  frost,  at  the  corner  of  some  public 
ground,  or,  if  there  be  none,  then  at  the  corner  of  some  lot  or 
block  most  convenient  for  reference,  a good  and  sufficient  stone, 
to  be  furnished  by  the  person  for  whom  the  survey  is  made,  and 
designate  upon  the  plat  the  point  where  the  same  may  be  found. 

318.  Certificate  of  surceyor — acknowledyment — record.^  § 2. 
The  plat  having  been  completed,  shall  be  certified  by  the  sur- 
veyor and  acknowledged  by  the  owner  of  the  land,  or  his  attorney 
duly  authorized,  in  the  same  manner  as  deeds  of  land  are  required 
to  be  acknowledged.  The  certificate  of  the  surveyor  and  of 
acknowledgment,  together  with  the  plat,  shall  be  recorded  iii  the 
recorder’s  office  of  the  county  in  which  the  land  is  situated,  and 
such  acknowledgment  and  record  shall  have  like  effect,  and  cer- 


M I S C I-]  T.  1.  A X E O U S S T A F U T E S . 


Ul 


tilled  copies  thereof  and  of  such  plat  or  of  any  plat  heretofore 
acknowledged  and  certified  according  to  law,  may  be  used  in  evi- 
dence to  the  same  extent  and  with  like  effect,  as  in  case  of  deeds. 

319.  Dedication — effect  o/i]  § 3.  The  acknowledgment  and 
recording  of  such  plat  shall  be  held  in  law  and  in  equity  to  be  a 
conveyance  in  fee  simple  of  such  portions  of  the  premises  platted 
as  are  marked  or  noted  on  such  plat  as  donated  or  granted  to  the 
public,  or  any  person,  religious  society,  corporation  or  body  poli- 
tic, and  as  a general  warranty  against  the  donor,  his  heirs  and 
representatives  to  such  donee  or  grantee  l*or  their  use  or  for  the 
use  and  purposes  therein  named  or  intended,  and  for  no  other  use 
or  purpose.  And  the  premises  intended  for  any  street,  alley, 
way,  common  or  other  public  use  in  any  city,  village  or  town,  or 
addition  thereto,  shall  be  held  in  the  corporate  name  thereof  in 
trust  to  and  for  the  uses  and  purposes  set  forth  or  intended. 

320.  Neglect  to  plant  corner  stone^  etc.\  § 4.  Whoever  shall 
lay  out  any  town  or  make  any  addition  to  any  city,  village  or 
town,  or  re-subdivide  any  lots  or  blocks  therein,  and  neglect  to 
plant  any  corner  stone  when  required  by  this  act,  or  shall  survey 
the  same  or  cause  it  to  be  surveyed  in  any  other  manner  than  that 
which  is  prescribed  by  this  act,  shall  l)e  fined  in  any  sum  not  less 
than  $25  nor  exceeding  $100. 

321.  Penalty  for  selling  without  p^lat  recorded^  etc?[  § 5. 
Whoever  shall  sell  or  offer  for  sale,  or  lease  for  any  time  exceed- 
ing fi  ve  years,  any  lot  or  block  in  any  town  city  or  village  or  any 
addition  thereto,  or  any  re-subdivision  of  any  lot  or  block  therein, 
before  all  the  requisitions  of  this  act  have  been  complied  with, 
shall  be  fined  $25  for  each  lot  or  block  or  part  thereof  so  dis- 
posed of,  offered  for  sale  or  leased. 

322.  Of  vacation  of  entire  platl\  § 0.  Any  such  plat  may 
be  vacated  by  the  owner  of  the  premises  at  any  time  before  the 
sale  of  any  lot  therein,  by  a written  instrument  declaring  the 
same  to  be  vacated,  executed,  acknowledged  or  proven,  and  re- 
corded in  like  manner  as  deeds  of  land;  which  declaration  being 
duly  recorded  shall  operate  to  destroy  the  force  and  effect  of  the 
recording  of  the  plat  so  vacated,  and  to  divest  all  public  rights  in 
the  streets,  alleys  and  public  grounds,  and  all  dedications  laid  out 
or  described  in  such  plat.  When  lots  have  been  sold,  the  plat 
may  be  vacated  in  the  manner  herein  provided  by  all  the  owners 
ol  lots  in  such  plat  joining  in  the  execution  of  such  writing. 

323.  (ff  vacation  of  part  (f  plat?[  § 7.  Any  part  of  a plat 

may  be  vacated  in  the  manner  provided  in  the  preceding  section, 
and  subject  to  the  conditions  therein  prescribed:  Provided^  such 
vacation  shall  not  abridge  oi’  destiov  any  of  the  rights  or  privi- 
leges of  other  proprietors  in  such  plat:  Amf  provided^  farther^ 


I S C E L L A X E O r S STATUTES. 


U'2 


that  nothing  contained  in  this  section  shall  authorize  the  closing 
or  obstructing  of  any  public  highway  laid  out  according  to  law. 

0*24.  Canceling  plat  of  recordf  § 8.  When  any  plat  or  part 
thereof  is  vacated,  the  recorder  in  whose  office  the  plat  is  recorded 
shall,  upon  the  recording  of  such  vacation,  write  in  plain  letters 
across  the  plat  or  part  so  vacated  the  word  “vacated,”  and  shall 
also  make  a reference  on  the  same  to  the  volume  and  page  in 
which  the  instrument  of  vacation  is  recorded. 

325.  Plats  of  higlucays^  etc.^  to  he  made  and  recorded.^  § 0. 
Whenever  any  highway,  road,  street,  alley,  public  ground,  toll- 
I'oad,  railroad  or  canal  is  laid  out,  located  opened,  widened  or  ex- 
tended, or  the  location  thereof  altered,  it  shall  be  the  duty  of  the 
commissioners,  authorities,  officers,  persons  or  corporations,  pub- 
lic or  private,  laying  out,  locating,  opening,  widening,  extending 
or  altering  the  same,  to  cause  a plat  thereof,  showing  the  width, 
courses  and  extent  thereof,  and  making  such  reference  to  known 
and  established  corners  or  monuments,  that  the  location  thereof 
may  be  ascertained,  to  be  made  and  recorded  in  the  office  of  the 
recorder  of  the  county  in  which  the  premises  taken  or  used  for 
the  same,  or  any  part  thereof,  are  situated,  within  six  months  after 
such  highway,  road,  street,  alley,  public  ground,  toll-road,  railroad 
or  canal  is  laid  out,  located,  opened,  widened  or  extended,  or  the 
location  thereof  altered;  and  when  any  highway,  road,  street,  alley, 
public  ground,  toll-road,  railroad  or  canal  is  vacated,  the  order, 
ordinance  or  other  declaration,  vacating  the  same  shall  be  in  like 
manner  recorded.  This  act  shall  not  be  construed  to  alter  or 
affect  any  law  specifically  providing  for  the  recording  of  any  such 
plat,  or  to  require  the  same  to  be  recorded  sooner  than  is  so  spe- 
cifically provided;  except  that  any  requirements  to  record  such 
plat  in  any  other  place  than  is  provided  herein  shall  not  excuse 
the  parties  from  complying  with  this  act.  Whoever  shall  refuse 
or  neglect  to  comply  with  this  section  shall  forfeit  825,  and  the 
like  sum  for  every  month  he  shall  continue  in  such  refusal  or  neg- 
lect after  conviction  therefor,  to  be  recovered  before  any  Justice 
of  the  Peace  of  the  county,  in  the  name  of  the  county,  one-half 
to  the  use  of  the  count}'  and  the  other  half  to  the  use  of  the  per- 
son complaining. 

326.  Prosecuting  offenders.^  § 10.  Whenever  it  shall  come 
to  the  knowledge  of  the  recorder  of  deeds  of  any  county  that  any 
of  the  provisions  of  this  act  have  been  violated,  it  shall  be  his 
duty  to  notify  the  State’s  Attorney  of  the  fact,  and  the  State’s 
Attorney  shall  immediately  institute  suit,  and  prosecute  the  same 
to  final  judgment  against  the  person  offending. 


M I S C E L I.  A N E O U 8 STATUTES. 


143 


•AN  ACT  to  authorize  courts  of  record,  in  certain  cases,  to  order  lands  to  be  subdivided 
and  platted.  Approved  March  18,  1874.  In  force  July  1,  1874. 

327.  Plats  hi  proceedings  hi  court. ^ §1.  Be  it  enacted  hy  the 
People  of  the  State  of  Illinois^  represented  in  the  General  As- 
sembly.,  That  in  any  proceeding  in  any  court  of  record  in  this 
State,  by  executors  or  administrators,  for  the  sale  of  lands  of  de- 
ceased persons,  or  by  guardians,  for  the  sale  of  lands  of  their 
wards,  or  for  partition  of  lands,  when  such  lands  are  to  be  sold  in 
parcels,  or  actual  partition  thereof  shall  be  made,  it  shall  be  com- 
petent for  the  court  to  order  such  executor  or  administrator,  guar- 
dian, master  in  chancery,  special  commissioner,  or  other  officer  or 
person  authorized  to  sell  the  lands  in  question  in  any  such  proceed- 
ing, or  commissioners  authorized  to  make  partition  of  such  lands, 
to  cause  such  lands  to  be  surveyed  and  subdivided,  and  a map  or 
plat  of  the  same  to  be  made,  showing  the  lots  or  parcels  of  such 
subdivision  or  partition  designated  by  numbers  or  letters;  which 
map  or  plat  shall  be  acknowledged  by  the  person  or  persons  so 
causing  the  same  to  be  made,  in  like  manner  as  is  now  required  by 
law  in  cases  of  plats  or  maps  made  by  owners  of  land,  and  shall,  in 
like  manner,  be  certified  by  the  surveyor  or  engineer  making  the 
same;  which  certificate  shall  contain,  among  other  things,  an  accu- 
rate and  definite  description  of  the  lands  so  subdivided  or  parti- 
tioned; and  such  map  or  plat  shall  be  submitted  to  the  court  for 
his  approval,  and  if  approved  by  the  court,  shall  be  recorded  in 
the  recorder’s  office  of  the  county  or  counties  in  which  the  lands 
in  question  in  any  such  proceeding,  are  situate. 

328.  Effect  of  such  § 2.  Maps  or  plats  of  lands 

made  in  conformity  to  the  preceding  section,  when  approved  by 
the  court,  shall  have  the  like  authenticity  as  maps  or  plats  of  lands 
made  by  owners  of  the  same,  and  shall  be  sufficient  in  law  for  all 
purposes  whatever. 

329.  § 3.  The  costs  and  expenses  necessarily  in- 
curred in  making  such  subdivisions  of  lands  and  maps,  or  plats  of 
the  same,  together  with  the  cost  of  the  record  thereof,  shall  be 
taxed  as  costs  in  any  suit  or  proceeding  in  which  the  court  shall 
order  the  same  to  be  made. 


\ 


144 


IIUI.  KS  OF  TIIK 


\ 


RULES  OF  BOARD  OF  EDUCATION. 


GEXERAI.  RULES. 

:)30.  § 1.  The  members  of  the  Board  of  Education  shall  meet 

and  organize  each  year,  on  the  second  Monday  in  June. 

831.  § 2.  At  the  first,  or  some  ensuing  meeting  soon  after 

the  organization  of  the  Board,  the  following  standing  committees 
shall  be  appointed  to-wit:  First,  a Committee  on  School  Build- 
ings and  Grounds,  consisting  of  three  members.  Second,  a Com- 
mittee on  Text  Books,  Rules  and  Regulations,  Furniture  and 
Supplies,  consisting  of  three  members  and  the  Superintendent. 
Third,  an  Auditing  Committee,  consisting  of  three  members. 
Fourth,  an  Examining  Committee,  consisting  of  three  members  of 
the  Board,  and  the  Superintendent,  two  of  whom  must  be  present 
at  each  examination  of  teachers,  and  three  of  whose  names  must 
be  appended  to  each  certificate  of  examination. 

33;^.  § 3.  The  Board  shall  hold  its  meetings  on  the  second 

Monday  in  each  month,  unless  otherwise  ordered  by  the  Board. 
The  hour  for  meeting  shall  be,  from  November  1 to  April  1,  at  7 
o’clock  p.  m.;  from  April  1 to  November  1 at  7\  o’clock  p.  m.  A 
special  meeting  may  be  called  at  any  time  on  request  of  two 
members,  left  with  the  Clerk. 

333.  § 4.  The  meetings  being  called  to  order  by  the  presi- 
dent, or  one  appointed  as  president tem.^  the  order  of  business 
shall  be  : — 

a.  Reading  of  the  minutes  of  the  last  meeting  by  the  Clerk. 

h.  Reports  of  committees. 

c.  Petitions  and  communications. 

d.  Reports  and  suggestions  by  the  Superintendent. 

e.  Miscellaneous  and  unfinished  business. 

334.  § 5.  The  president  shall  maintain  order  and  decorum  in 
meetings,  and  shall  decide  all  questions  of  order,  subject  to  ap- 
peal to  the  Board. 

335.  § G.  When  any  member  is  about  to  speak  in  debate,  or 
present  any  matter  to  the  Board,  he  shall  respectfully  address 
himself  to  the  president,  and  confine  himself  to  the  question  of 
debate. 


BOARD  OF  EDUCATION. 


145 


336.  § 7.  No  member,  while  speaking,  shall  be  interrupted 
by  another,  except  to  call  to  order  or  correct  a mistake. 

337.  § 8.  No  member  shall  speak  more  than  five  minutes  at 
any  one  time  on  any  motion  or  order  under  discussion,  nor  more 
than  twice  on  the  same  question  without  leave  first  obtained  from 
the  Board,  nor  more  than  once  until  all  other  members  choosing 
to  speak  shall  have  spoken. 

338.  § 9.  All  resolutions  offered  by  members  of  the  Board 
shall  be  submitted  in  writing,  at  the  request  of  any  member. 

339.  § 10.  The  school  year  shall  commence  on  the  first  Mon- 
day of  September  each  year,  and  close  on  the  Friday  before  the 
fourth  Thursday  in  June,  including  a vacation  of  two  weeks  from 
the  Friday  before  Christmas,  and  a vacation  of  one  week  from  the 
first  Monday  in  April  of  each  year,  unless  otherwise  ordered  by 
the  Board. 

340.  § 11.  The  engagements  of  the  Board  with  all  the  teach- 
ers of  the  public  schools  shall  terminate  with  the  close  of  the 
summer  term  of  each  year,  and  the  appointments  for  the  ensuing 
year  shall  be  made,  so  far  as  practicable,  at  the  regular  meeting 
of  the  Board  in  June. 

341.  § 12.  Each  director  shall  constitute  a local  committee 
for  the  ward  in  which  he  resides. 

342.  § 13.  No  bill,  account,  demand  or  claitn  against  the 
Board  shall  be  allowed,  audited  or  paid,  unless  the  same  shall  be 
presented  to  and  allowed  by  the  Board:  Promded^  that  the  regu- 
lar salaries  of  officers  and  teachers  mav  be  allowed  by  the  audit- 
ing committee  upon  certificate  of  the  Superintendent  that  the 
work  has  been  performed.  The  auditing  committee,  however, 
shall  allow  these  bills  only  in  case  of  no  quorum  at  a regular 
meeting. 

343.  § 14.  The  holidays  shall  be  the  National  or  State 

Thanksgiving  and  fast  days,  the  22d  of  February,  and  Decora- 
tion day. 


DUTIES  OF  THE  SUPERINTENDENT. 

344.  § 1.  It  shall  be  the  duty  of  the  Superintendent  to  ac- 

quaint himself  with  whatever  principles  or  facts  may  concern  the 
interests  of  education,  and  with  all  matters  in  any  way  pertaining 
to  the  organization,  discipline,  and  instruction  of  public  schools, 
to  the  end  that  all  the  children  of  this  city  who  are  instructed  in 
the  public  schools  may  obtain  the  best  education  which  these 
schools  can  impart. 

10 


146 


RULES  OF  THE 


345.  § 2.  He  shall  visit  all  the  schools  as  often  as  his  duties 
will  permit,  and  shall  pay  particular  attention  to  the  classification 
of  the  pupils,  and  shall  see  that  the  regulations  of  the  Board  are 
faithfully  carried  out. 

346.  § 3.  He  shall  attend  all  the  public  meetings  of  the 
Board,  and  shall  keep  the  Board  constantly  advised  of  the  con- 
dition of  the  schools  and  of  the  changes  required  in  the  same.  He 
shall,  moreover,  report  to  the  Board,  from  time  to  time,  such  reg- 
ulations for  the  government  and  discipline  of  the  schools  as  he 
may  deem  expedient,  and  the  same  may  be  adopted  by  the  Board, 
and  he  shall  also  perform  such  other  duties  as  the  Board  may, 
from  time  to  time,  direct. 

347.  § 4.  The  Superintendent  shall  carefully  observe  the 
teaching  and  discipline  of  all  the  teachers  employed  in  the  public 
schools,  and  he  shall  make  such  suggestions  and  give  such  in- 
structions to  the  teachers  as  he  shall  deem  best  calculated  to 
increase  their  efficiency  as  instructors.  He  shall,  moreover,  re- 
port to  the  Board  whenever  he  finds  a teacher  deficient  or  incom- 
petent in  the  discharge  of  his  or  her  duties. 

348.  § 5.  He  shall  attend  and  advise,  when  requested,  with 
any  standing  or  special  committee,  in  respect  to  the  matters  com- 
mitted to  them. 

349.  § 6.  He  shall  hold  examinations  in  the  different  schools 
as  often  as  practicable,  and  keep  a record  of  the  same;  and  no 
pupil  shall  be  transferred  from  one  school  to  another  without  his 
approbation. 

350.  § 7.  In  case  of  sickness  or  temporary  absence  of  any 
teacher,  he  shall  be  authorized  to  procure  a proper  substitute. 

351.  § 8.  He  shall  prepare  and  certify  to  the  monthly  pay- 
rolls of  teachers  and  janitors. 

352.  § 9.  It  shall  be  his  duty,  upon  consultation  with  the 
local  committees,  to  order  and  oversee  such  repairs  and  improve- 
ments as  may  be  necessary,  from  time  to  time,  to  keep  all  the 
school  property  in  good  condition. 

353.  § 10.  He  shall  remain  in  his  office,  or  within  call,  on 
Mondays,  from  nine  to  eleven  o’clock  a.  in.,  during  term  time; 
and  on  other  school  days,  from  three  to  four  and  one-half  o’clock 
p.  m. 

354.  § 11.  He  shall  preserve,  at  his  office,  a complete  list  of 
all  the  portable  property  belonging  to  the  several  schools,  and 
during  the  month  of  June,  in  each  year  he  shall  cause  a careful 
comparison  to  be  made  between  this  list  and  the  articles  belong- 
ing to  the  schools,  and  report  the  result  to  the  Board;  he  shall, 
further,  see  that  all  such  property  is  securely  stored  during  the 
summer  vacation. 


BOARJ)  OF  EDtJOATlOISr. 


147 


355.  § 12.  He  shall  annually  prepare  a report  embracing 
such  facts  and  statistics  in  reference  to  the  system  of  public 
schools  of  this  city  as  may  be  of  interest  to  the  community. 

356.  § 13.  He  shall  keep  a daily  record  of  his  proceedings, 
which  shall  be  open  to  the  inspection  of  the  Board. 


TEACHERS. 

357.  § 1.  All  teachers  in  the  public  schools  are  required  to 
make  themselves  familiar  with  these  regulations,  and  especially 
with  that  portion  that  relates  to  their  own  duties,  alid  to  the  in- 
struction and  discipline  of  their  respective  schools,  and  to  see 
that  these  are  faithfully  observed. 

358.  § 2.  The  teachers  shall  punctually  observe  the  hours 
appointed  for  opening  and  dismissing  the  schools,  and,  during  the 
school  hours,  shall  devote  themselves  exclusively  to  the  duties  of 
their  charge. 

359.  § 3.  School  Hours. — The  morning  session  shall  com- 
mence at  eight  o’clock  and  forty-five  minutes,  and  close  at  twelve. 
The  afternoon  session  shall  commence  at  one  o’clock  and  thirty 
minutes,  and  close  at  four:  Provided^  that  all  pupils  who  are 
charged  with  no  delinquencies  may  be  dismissed  at  half  past 
three.  The  Friday  afternoon  session  may  be  shortened  half  an 
hour  for  teachers’  meetings. 

360.  § 4.  The  teachers  shall  meet  once  in  four  weeks,  on 
Friday  afternoon,  at  half  past  three,  or  at  the  call  of  the  Superin- 
tendent, for  the  purpose  of  mutual  consultation  in  regard  to  the 
interests  of  the  schools,  modes  of  discipline,  of  imparting  instruc- 
tion, &c.,  &c.  The  session  may  continue  two  hours.  A record  of 
these  meetings  shall  be  kept,  which  shall  be  open  to  the  inspec- 
tion of  the  Board. 

361.  § 5.  All  teachers  are  required  to  open  and  remain  in 
their  room  at  least  fifteen  minutes  before  the  time  for  commenc- 
ing, morning  and  afternoon.  They  shall  not  permit  disorder, 
unnecessary  noise,  or  rude  conduct  in  their  rooms  at  any  time. 
Teachers  failing  to  comply  with  this  rule  shall  report  their  tardi- 
ness to  the  Superintendent,  who  shall  keep  a record  of  such  tar- 
diness, with  the  cause  of  same,  for  the  inspection  of  the  Board. 

362.  § 6.  The  principals  of  buildings  shall  be  held  responsi- 
ble for  the  management  of  their  respective  schools.  They  shall 
prescribe  such  rules  and  regulations  for  halls,  yards  and  out- 
buildings connected  with  the  same  as  shall  insure  their  being 


148 


RULES  OF  THE 


kept  in  a proper  condition.  The  other  teachers  shall  co-operate 
with  them,  not  only  during  school  hours,  but  during  the  time 
the  pupils  are  on  the  school  premises,  at  recess,  and  before  and 
after  school.  They  shall  use  all  reasonable  efforts  to  prev^ent 
pupils  from  gathering  on  the  school  grounds  before  the  hours  for 
opening  the  school,  and  they  shall  require  them  to  leave  the 
premises  at  the  close  of  the  school. 

363.  § ?.  Teachers  may  visit  any  of  the  public  schools  of  the 
city  for  the  purpose  of  observing  modes  of  instruction  and  disci- 
pline. Such  visits  shall  not  occupy  more  than  two  days  in  a year, 
and  one  visiting  day  only  can  be  taken  in  any  term,  and  for  this 
purpose  only  one  room  in  the  same  building  can  be  dismissed  at 
the  same  time. 

364.  § 8.  The  teachers  shall  practice  such  discipline  in  their 
schools  as  would  be  exercised  by  a kind,  firm  and  judicious  parent 
in  his  family;  and  they  shall  resort  to  corporal  punishment  only 
when  milder  means  have  been  tried  and  found  to  fail.  Each 
teacher  shall  keep  a list  of  all  cases  of  corporal  punishment  in- 
flicted by  said  teacher,  and  at  the  close  of  each  month  shall  report 
the  same  to  the  Superintendent,  with  date,  name  of  pupil,  and 
cause  of  such  punishment. 

365.  § 9.  They  shall  open  school  at  the  appointed  time,  de- 
vote themselves  exclusively  to  their  work,  during  school  hours, 
maintain  good  order,  and  adhere  to  the  course  of  study  prescribed 
by  the  Board. 

366.  § 10.  No  teacher  shall  read  or  distribute  any  advertise- 
ment, nor  allow  any  advertisement  to  be  read  or  distributed  in 
any  school  room,  or  upon  any  of  the  school  premises. 

367.  § 11.  Notice  of  the  supplies  or  repairs  required  in  any 
of  the  school  rooms  should  be  sent,  in  writing,  to  the  Superinten- 
dent. 

368.  § 13.  The  books  used  and  the  studies  pursued  shall  be 
such,  and  only  such,  as  may  be  authorized  by  the  Board;  and  no 
pupil  shall  be  allowed  to  retain  connection  with  any  public  school 
unless  furnished  with  books,  slate,  and  other  utensils  required  to 
be  used  in  the  class  to  which  he  belongs:  Provided^  that  no  pupil 
shall  be  excluded  for  such  cause  unless  the  parent  or  guardian 
shall  be  furnished  by  the  teacher  with  a list  of  books  or  articles 
needed,  and  one  week  shall  have  elapsed  after  such  notice  with- 
out the  pupil  obtaining  said  books. 

369.  § 13.  It  shall  be  the  duty  of  all  teachers,  from  time  to 
time,  to  send  reports  to  parents  in  such  form  as  the  Superinten- 
dent shall  direct,  indicating  the  rank  of  their  children  in  scholar- 
ship and  deportment.  They  shall  also  immediately  notify  parents 
of  any  irregularity  in  attendance  on  the  part  of  their  children. 


BOARD  OP"  EDUCATION. 


149 


unless  they  have  good  reason  to  believe  that  such  irregularity  is 
unavoidable  and  with  the  parents’ knowledge  and  consent. 

370.  § 14.  It  shall  be  the  duty  of  each  teacher  having  charge 
of  a room  to  make  out  a programme  of  recitation  and  studies  of 
the  different  classes  in  the  school,  at  the  beginning  of  each  term, 
placing  the  same  in  a conspicuous  place  in  the  school  room  for 
reference,  and  furnish  the  Superintendent  with  a copy,  and  notify 
him  of  any  changes  in  the  same. 

371.  § 15.  The  Board  will  not  take  notice  of  any  charge 
against  any  teacher  or  teachers  unless  presented  in  writing  and 
signed  by  at  least  one  responsible  person. 

372.  § 16.  No  teacher  shall  have  the  right  to  resign  during 
the  term  for  which  he  or  she  was  appointed,  without  the  consent 
of  the  Board,  and  at  least  two  weeks’  notice,  but  the  Board  re- 
serves the  right  to  dismiss  any  teacher  at  its  pleasure. 

373.  § 17.  During  the  noon  intermission,  a teacher  shall  re- 
main at  each  school  building  to  preserve  order  among  those  who 
may  be  permitted  to  be  in  their  room  during  this  time. 

374.  § 18.  Each  teacher  shall  keep  his  or  her  register  and 
class  book  neatly  and  accurately,  and  in  accordance  with  the  pre- 
scribed forms,  and  at  the  end  of  the  year  return  them  to  the 
Superintendent  at  his  office. 

375.  § 19.  The  teachers  are  expected  to  give  vigilant  atteii-* 
tion  to  the  ventilation  and  temperature  of  their  school  rooms. 

376.  § 20.  Teachers  are  prohibited  from  awarding  prizes  to 
the  pupils  under  their  charge,  unless  authorized  by  the  Board. 

377.  § 21.  They  shall  read  from  time  to  time,  and  explain  to 
their  schools,  all  the  rules  relating  to  pupils,  that  they  may  be 
distinctly  understood. 


PUPILS.  . 

378.  § 1.  None  but  legal  residents  of  Galesburg,  between 
the  ages  of  six  and  twenty-one  years,  shall  be  admitted  into  any 
of  the  public  schools  without  permission  of  the  Board,  and  the 
payment,  in  advance,  of  tuition,  at  the  rate  of  fifty  cents  per 
week. 

379.  § 2.  Pupils  can  only  be  admitted  to  the  schools,  for  the 
first  time,  by  a permit  issued  by  the  Superintendent,  entitling 
them  to  enter  Monday  morning  of  any  week.  Pupils  may  be  re- 
ceived during  the  first  three  days  of  any  term;  after  which,  appli- 
cation for  admission  must  be  made  on  Monday  mornings,  at  the 
office  of  the  Superintendent. 


150 


RULES  OF  THE 


380.  § 3.  Each  scholar  who  shall  be  absent  four  half-days,  or 

tardy  four  times,  or  who  shall  leave  school  without  permission 
twice  within  four  consecutive  weeks,  without  a statement  from 
the  parent  or  guardian,  given  in  person  or  by  written  note,  stat- 
ing that  these  absences  were  caused  by  his  own  sickness,  or  sick- 
ness in  the  family,  or  to  avoid  an  imprudent  exposure  of  health, 
or  unless  such  absences  shall  be  in  accordance  with  previous  re- 
quest of  the  parent  or  guardian,  given  in  person  or  by  written 
note,  shall  forfeit  his  seat  in  school;  and  the  teacher  shall  forth- 
with notify  the  parent  that  the  pupil  is  suspended : Provided^ 

that  no  teacher  shall  be  required  to  enforce  this  regulation  until 
other  reasonable  means  for  correcting  such  irregularities  have 
been  tried.  Xo  pupil  who  has  been  thus  suspended  shall  be  re- 
stored until  the  Superintendent  has  received  satisfactory  assur- 
ance from  the  parent  or  guardian  that  these  irregularities  will  be 
corrected  in  the  future.  All  restorations  by  the  Superintendent 
shall  take  effect  upon  the  first  day  of  the  school  month  next  suc- 
ceeding such  restoration,  unless  in  special  cases,  which  may  be 
left  to  the  discretion  of  the  Superintendent. 

381.  § 4.  The  Superintendent,  with  the  advice  and  under 
the  direction  of  the  Board,  shall  have  power  to  classify  all  the 
pupils  attending  the  public  schools,  and  to  assign  them  to  such 
rooms  and  buildings  as  shall  best  subserve  the  interests  of  all  the 
schools. 

382.  § 5.  Xo  pupil  shall  be  transferred  from  one  school  to 
another  without  permission  from  the  Superintendent,  and  no 
pupil  under  censure  in  one  school  shall  be  transferred  to  another 
until  that  censure  is  removed. 

383.  § 6.  Xo  pupil  known  to  be  affected  with  any  contagious 
or  infectious  disease,  or  coming  from  a family  where  such  disease 
prevails,  shall  be  received  or  continued  in  any  school. 

384.  § T.  Any  pupil  guilty  of  defacing  or  injuring  any  school 
property  shall  pay  in  full  to  the  extent  of  the  damage,  and  be  lia- 
ble to  suspension  or  expulsion  in  case  such  injury  was  wantonly 
committed. 

385.  § 8.  Any  pupil  who  shall  be  absent  from  any  regular 
examination  shall  forfeit  his  or  her  seat,  and  shall  not  thereafter 
enter  any  of  the  schools  of  the  city  without  a special  permit  from 
the  Superintendent. 

386.  § 9.  ^Yhenever  a parent  or  guardian  wishes  to  have  a 
pupil  excused  from  any  regular  study  of  his  class,  or  regularly 
during  any  portion  of  school  hours,  for  any  reason  whatsoever,  he 
shall  apply  to  the  Superintendent  in  person  or  by  written  note, 
stating  the  reasons  for  such  request;  and  the  Superintendent  shall 
have  power  to  grant  it,  and  it  shall  be  his  duty  to  make  a record 
of  all  such  permits  with  reasons  therefor. 


BOARD  OF  EDUCATION. 


151 


387.  § 10.  All  scholars  are  required  to  refrain  from  every 
kind  of  rude  behavior  in  the  school  buildings,  such  as  loud  and 
boisterous  laughing  and  talking,  whistling,  running  and  scuffling; 
and  to  conduct  themselves  as  well-bred  persons  would  do  in  a 
private  house. 

388.  § 11.  No  games  shall  be  permitted  in  the  basement  or 
yards  which  will  endanger  the  safety  of  any  property  in  the 
buildings,  or  on  adjoining  grounds;  nor  upon  the  streets  to  the 
annoyance  of  passers-by.  Pupils  are  prohibited  from  throwing 
snowballs,  or  missiles  of  any  kind,  on  the  school  premises,  or  on 
the  streets  adjacent. 

389.  § 12.  Whenever  the  teacher  of  any  school  shall  report 
to  the  Superintendent  the  name  of  any  pupil  whose  conduct  is 
considered  such  that  he  or  she  is  unfit  to  be  a member  of  the 
school,  the  case  shall  at  once  be  examined  by  the  Superintendent, 
and  if,  in  his  judgment,  the  pupil  has  been  duly  admonished,  and 
he  exhibits  no  signs  of  reformation,  he  shall  temporarily  suspend 
the  pupil.  He  shall  inform  the  parent,  stating  the  cause  of 
suspension.  Any  pupil  thus  suspended  may  be  restored  at  the 
discretion  of  the  Superintendent;  but  no  pupil  shall  be  finally 
expelled  from  school  without  the  action  of  the  Board.  A record 
of  all  suspensions  and  expulsions  shall  be  kept  at  the  offlce  of  the 
Superintendent. 

390.  § 33.  No  pupils  shall  be  advanced  from  one  grade  to 
another  except  by  special  permission  of  the  Superintendent,  until 
they  are  able  to  sustain  a satisfactory  examination  in  all  the 
studies  of  the  grade  from  which  they  are  to  be  transferred.  They 
should  be  able  to  read  any  of  the  lessons  they  have  gone  over, 
with  proper  expression;  explain  the  meaning  of  any  of  the  words; 
give  the  names  and  uses  of  the  different  marks  used,  and  spell 
any  of  the  words  by  letters  and  by  sounds.  All  promotions  shall 
be  made  at  the  commencement  of  the  school  month.  Pupils  may 
be  sent  into  a lower  class  whenever  their  scholarship  has  been  of 
the  third  rank  two  months  in  succession,  or  whenever  it  seems 
probable  that  they  will  not  attain  a fair  standing  in  the  class  to 
which  they  belong.’  The  third  rank  shall  be  below  an  average  of 
75  per  cent. 

391.  § 14.  Any  child  who  comes  to  school  without  having 
given  reasonable  attention  to  cleanliness  of  person  or  dress,  may 
be  sent  home  to  be  prepared  for  school  in  a proper  manner. 

392.  § 15.  All  pupils  shall  be  considered  as  belonging  to  the 
school  of  suitable  grade  nearest  their  residences,  unless  for  suffi- 
cient reasons  the  Superintendent  shall  assign  them  to  another 
school. 

393.  § 16.  The  annual  public  examinations  of  schools  shall 
take  place  at  the  close^  of  the  winter  term.  Other  examinations 


152 


RULES  OF  THE 


may  be  held  from  time  to  time  by  the  Superintendent  and  teach- 
ers. 

394.  § 17.  Teachers  may  require  pupils,  guilty  of  insubordi- 

nation, to  make  an  apology  as  openly  and  explicity  as  the  nature 
of  the  case  may  require. 


DIRECTIONS  FOR  KEEPING  RECORDS. 

395.  § I.  The  ages  of  all  pupils  shall  be  taken  in  years  and 
months  immediately  upon  their  entering  school. 

396.  § 2.  Every  pupil,  upon  entering  the  school,  prepared 
with  books  and  other  requisites  for  performing  his  work,  shall  be 
enrolled  as  a member  of  the  school,  and  the  record  of  every  pupil 
so  enrolled  shall  be  preserved,  and  shall  enter  into  and  form  a 
})art  of  the  record  of  the  school,  whether  he  be  a member  for  one 
day,  for  one  week,  or  for  an  entire  term. 

397.  § 3.  Every  pupil  who  shall  have  been  in  attendance  dur- 
ing half  or  more  than  half  of  a given  session  shall  be  accounted 
present  for  that  session;  otherwise  he  shall  be  accounted  absent. 

398.  § 4.  The  name  of  any  pupil  who  shall  have  been  absent 
five  consecutive  days  for  sickness  shall  be  dropped  from  the  roll; 
and  the  name  of  any  who  shall  have  been  absent  for  three  con- 
secutive days  for  unknown  cause,  or  for  other  cause  than  sick- 
ness, shall  be  dropped  from  the  roll  as  soon  as  the  teacher  has 
positive  knowledge  that  he  has  left  and  does  not  intend  to  re- 
turn . 

399.  § 5.  No  record  of  attendance  shall  be  kept  for  any  half 
day  unless  the  schools  shall  have  been  in  session  for  at  least  one- 
half  of  the  half  dav. 

400.  § 6.  Any  pupil  that  shall  be  absent  from  the  school- 
room at  a definite  time  previously  fixed  for  the  beginning  of  the 
session  shall  be  marked  tardy;  except  in  case  where  a pupil,  after 
having  been  present  in  the  school  room  shall  be  sent  by  the 
teacher  into  other  parts  of  the  school  building,  or  upon  the  school 
premises  to  attend  to  business  connected  with  the  school. 

401.  § 7.  The  average  number  belonging  shall  be  found  by 
dividing  the  whole  number  of  days  of  membership  by  the  number 
of  days  of  school. 

402.  § 8.  The  average  daily  attendance  shall  be  found  by 

dividing  the  whole  number  of  days  by  the  number  of  days 

of  school. 

403.  § 9.  The  per  cent,  of  attendance  shall  be  found  by  di- 
viding one  hundred  times  the  average  daily  attendance  by  the 
average  number  belonging. 


CITY  C O U N C 1 1. . 


153 


RULES  OF  THE  CITY  COUNCIL. 


404.  § 1.  A majority  of  the  members  elected  shall  constitute 
a quorum  for  the  transaction  of  business. 

405.  § 2.  The  City  Council  shall  keep  a record  of  its  pro- 
ceedings. At  the  request  of  any  member  tlie  yeas  and  nays  shall 
be  taken  on  any  question  and  entered  on  the  records. 

406.  § 3.  Any  ordinance  presented  to  the  Council  for  pas- 
sage shall  be  deferred,  for  final  action  thereon,  to  the  next  meet- 
ing after  such  ordinance  is  presented,  at  the  request  of  any  two 
x\]dermen  present. 

407.  § 4.  Tlie  Mayor  shall  take  the  chair  at  the  hour  appoin- 
ted for  the  Council  to  meet,  and  immediately  call  the  members 
to  order;  he  shall  order  the  roll  to  be  called,  and  at  the  instance 
of  any  two  members  present,  compel  the  attendance  of  absent 
members. 

408.  § 5.  The  Mayor  sliall  preserve  decorum  and  order;  may 
speak  to  portits  of  order  in  preference  to  other  members,  rising 
from  his  seat  for  that  purpose;  shall  decide  questions  of  order, 
subject  to  an  appeal  by  any  two  members,  on  which  appeal  no 
member  shall  speak  more  than  once  except  by  leave  of  the  Coun- 
cil. 

409.  § 6.  Whenever  the  Mayor  wishes  to  participate  in  the 
debating  of  a question  before  the  Council,  he  shall  first  vacate  his 
seat,  and  call  some  member  to  the  chair. 

410.  § 7.  The  Mayor  shall  ha  ve  the  right  to  name  any  mem- 
ber to  preside  temporarily  over  the  Council,  but  such  substitute 
shall  not  lose  the  right  of  voting  on  any  question  while  so  presid- 
ing, nor  shall  such  substitution  extend  beyond  one  meeting. 

411.  § 8.  When  any  member  is  about  to  speak  or  present 
any  matter  before  the  Council,  he  shall  rise  from  his  seat,  and 
address  himself  to  “Mr.  Mayor,”  but  shall  not  proceed  until  rec- 
ognized and  named  by  the  Mayor.  If  any  two  members  rise  at 
once,  the  Mayor  shall  name  the  member  who  is  to  speak  first. 

412.  § 9.  If  any  member,  in  speaking  (or  otherwise)  trans- 
gresses the  rules  or  indulges  in  any  personalities  or  reflections 
injurious  to  the  feelings  of  any  member,  or  the  harmony  of  the 
Council,  the  Mayor  shall,  or  any  member  may,  call  him  to  order. 


154 


RULES  OF  THE 


The  member,  when  called  to  order  by  the  Mayor,  shall  sit  down, 
unless  permitted  to  explain.  If  he  appeals,  tlie  Council  shall  decide 
the  point  without  debate. 

413.  § 10.  No  member  shall  speak  more  than  twice  to  the 
same  question,  nor  more  than  once,  until  every  member  choos- 
ing to  speak  shall  have  spoken,  nor  longer  than  five  minutes  with- 
out the  consent  of  the  Council. 

414.  § 11.  While  the  Mayor  is  putting  a question  or  address- 
ing the  Council,  no  member  shall  walk  out  of  or  across  the  room, 
nor  in  such  case,  or  when  a member  is  speaking,  shall  entertain 
private  discourse;  nor,  when  a member  is  speaking,  shall  pass  be- 
tween him  and  the  chair. 

415.  § 12.  When  a question  is  stated,  every  member  present 
shall  vote,  unless  excused  by  the  Council;  or,  unless  directly  in- 
terested in  the  question,  in  which  case  he  shall  not  vote. 

416.  § 13.  No  motion  shall  be  entertained  unless  seconded; 
when  seconded,  it  shall  be  stated  by  the  Mayor,  and  if  any  mem- 
ber requires  it,  reduced  to  writing. 

417.  § 14.  When  a motion  or  resolution  has  been  stated  by 
the  Mayor,  it  shall  be  deemed  to  be  in  possession  of  the  Council, 
but  may  be  withdrawn  at  any  time,  by  the  unanimous  consent  of 
the  Council,  before  decision  or  amendment. 

418.  § 15.  When  the  yeas  and  nays  shall  be  taken  on  any 
question,  no  member  shall  be  permitted  to  vote  or  to  change  his 
vote  after  the  decision  is  announced  from  the  chair,  unless  by  the 
unanimous  consent  of  the  Council. 

419.  § 16.  . If  a question,  under  consideration,  contains  more 
than  one  distinct  proposition,  it  may  be  divided,  upon  the  request 
of  any  member;  but  on  motion  to  strike  out  and  insert,  it  shall 
not  be  in  order  to  move  for  a division  of  the  question;  but  the 
rejection  of  a motion  to  strike  out  and  insert  one  proposition,  shall 
not  prevent  a motion  to  strike  out  and  insert  a different  proposi- 
tion. 

420.  § 17.  When  a question  is  under  debate,  no  motion  shall 
be  received,  but  to  adjourn,  to  lay  on  the  table,  for  the  previous 
cjuestion,  to  postpone  indefinitely,  to  postpone  to  a certain  time, 
to  refer  or  to  amend,  which  motions  shall  have  precedence  in  the 
order  in  which  they  stand  arranged. 

421.  § 18.  A motion  for  adjournment  is  always  in  order,  ex- 
cept when  the  roll  is  being  called,  and  shall  be  decided,  as  well 
as  the  motion  to  lay  on  the  table,  without  debate. 

422.  § 19.  A motion  for  the  previous  question,  to  lay  the 
question  on  the  table,  or  to  commit  it,  shall,  until  decided,  pre- 
clude all  amendment  or  debate  of  the  main  question;  and  a motion 
to  postpone  a question  indefinitely,  or  to  adjourn  it  to  a certain 


CITY  COUNCIL. 


155 


day,  shall,  until  it  is  decided,  preclude  all  amendment  to  the  main 
question. 

423.  § 20.  No  motion  to  postpone  to  a certain  time,  or  in- 
definitely, or  to  commit,  being  decided  in  the  negative,  shall  be 
again  allowed  at  the  same  meeting. 

424.  § 21.  When  a blank  is  to  be  filled,  and  different  sums 
or  times  are  proposed,  the  question  shall  first  be  put  upon  the 
largest  sum  or  longest  time. 

425.  §.  22.  A motion  to  strike  out  the  words  : “Be  it  ordained, 
etc.,”  of  an  ordinance,  shall  have  precedence  to  a motion  to 
amend,  and,  if  carried,  shall  be  deemed  equivalent  to  the  rejec- 
tion of  the  ordinance. 

426.  § 23.  The  previous  question  shall  be  stated  in  this  form: 
“Shall  the  main  question  be  now  put?”  When  it  is  decided: 
“The  main  question  shall  not  now  be  put,”  the  main  question 
shall  be  considered  as  still  remaining  under  debate. 

427.  § 24.  The  effect  of  the  main  question  being  ordered, 
shall  be  to  put  an  end  to  all  debate,  and  bring  the  Council  to  a 
direct  vote  upon  all  amendments  pending  in  the  inverse  order,  in 
which  they  were  offered.  After  the  motion  for  the  previous 
question  has  prevailed,  it  shall  not  be  in  order  to  move  to  adjourn, 
prior  to  a decision  of  the  main  question. 

428.  § 25.  When  a question  has  been  once  put  and  carried 
in  the  affirmative  or  negative,  it  shall  be  in  order  for  a member 
of  the  majority  to  move  for  a reconsideration  thereof,  or  give 
notice  that  he  will  make  such  motion  at  the  next  meeting  of  the 
Council,  for  which  time  he  shall  have  control  of  the  motion,  but 
no  motion  for  reconsideration  shall  be  in  order  unless  within  the 
next  meeting  of  the  Council : Provided^  that  should  the  member 
giving  notice  of  a motion  to  reconsider,  not  make  such  motion 
within  the  prescribed  time,  any  other  member  voting  with  the 
majority,  may  make  such  motion  at  the  next  meeting.  Such 
question  shall  take  precedence  of  all  other  questions,  except  a 
motion  to  adjourn. 

429.  § 26.  In  all  cases,  the  name  of  a member  offering  a res- 
olution or  motion,  shall  be  entered  with  it  upon  the  journal. 

430.  § 27.  The  Standing  Committees  of  the  Council  shall  be 
as  follows:  On  Finance  and  Water;  on  Police;  on  Streets  and 
Alleys;  on  Sidewalks,  Public  Buildings  and  Public  Grounds;  on 
Fire;  on  Street  Lighting;  on  Miscellaneous  Matters.  Each  com- 
mittee shall  consist  of  three  members,  to  be  appointed  annually 
by  the  Mayor,  unless  otherwise  provided  for,  as  in  Section  28, 
and  the  first  named  of  each  committee  shall  be  the  chairman. 
When  motions  are  made  for  reference  to  a select  and  to  a stand- 
ing committee,  the  reference  to  the  standing  committee  shall  be 
put  first. 


156 


RULES  OF  THE 


431.  § 28.  All  committees  shall  be  appointed  by  the  Mayor, 
provided,  however,  that  the  Council  shall  have  the  right  at  any 
time  to  increase  committees  already  appointed  by  the  Ma3"or,  and 
name  the  additional  members;  and  the  Council  at  the  beginning 
of  the  year  may^  by  resolution  appoint  the  members  of  all  com- 
mittees either  standing  or  special. 

432.  § 29.  Committees  to  whom  any  subject  may  be  referred, 
shall  report  in  writing,  addressed  to  the  Cit\^  Council  of  the  city 
of  Galesburg. 

433.  § 30.  The  City  Clerk  shall  forward  all  papers  to  the 
appropriate  committees  and  officers,  as  earh’-  as  the  next  day  after 
the  reference  shall  be  made,  by  the  Cit}'^  Marshal,  who  shall  de- 
liver them. 

/ 434.  § 31.  Xo  petition  for  the  remission  of  a fine  under  any 

ordinance  of  the  ciU’  shall  be  granted,  without  a vote  of  two- 
thirds  of  the  Council;  Provided^  that  when  the  petition  is  signed 
by  the  court  or  jury  imposing  the  fine,  it  shall  require  a majority 
only  to  remit  the  fine. 

435.  § 32.  Ever}’  proposition  involving  the  expenditure  of 
money,  shall  be  referred  to  an  appropriate  standing  committee, 
and  a report  thereon  made  to  the  Council,  by  said  committee, 
before  the  Council  vote  upon  the  expenditure. 

436.  § 33.  The  regular  stated  meetings  of  the  City  Council 
shall  be  held  at  the  Council  Rooms  on  the  first  Monday  of  each 
month,  at  T o’clock  p.  m.,  from  October  1 to  April  4,  and  for  the 
remaining  six  months  at  7:30  o’clock  p.  m.;  and  adjourned  meet- 
ings may  be  held  for  the  purpose  of  completing  the  unfinished 
business  of  the  regular  meetings,  at  such  time  as  may  be  appointed 
by  the  City  Council. 

437.  § 34.  Special  meetings  may  be  called  and  held  by  noti- 
fication to  each  member  of  the  Council,  served  personally,  or  left 
at  his  usual  place  of  abode,  stating  the  object  and  purpose  of 
such  meeting;  and  no  business  shall  be  transacted  at  such  special 
meeting,  except  such  as  the  meeting  was  called  for  and  notifica- 
tion was  given  thereof. 

438.  ^ 35.  The  City  Marshal,  or  some  person  appointed  by 
him,  at  his  own  cost,  shall  attend  all  meetings  of  the  Council  and 
execute  all  their  orders. 

439.  § 36.  Xo  person  shall  be  permitted  to  smoke  in  the 
Council  Chamber  during  session  of  the  Council  except  by  unani- 
mous consent;  nor  shall  any  member  of  the  Council  place  his  feet 
or  legs  upon  his  desk. 

440.  § 37.  The  order  of  business  shall  be  as  follows: 


15? 


CITY  COUNCIL. 

a.  Reading  of  minutes  of  last  meeting,  unless  dispensed  with, 
and  their  amendment  or  correction. 

h.  Presentation  of  petitions,  and  claims  and  bills  (which  shall 
always  be  in  writing). 

c.  Communications  to  the  Council. 

d.  Reports  of  officers. 

e.  Reports  of  standing  committees. 

f.  Reports  of  special  committees. 

g.  Unfinished  business  of  the  preceding  meeting. 

h.  New  business. 

441.  § 38.  All  questions  as  to  the  priority  of  business  shall  be 
decided  without  debate. 

442.  § 39.  At  adjourned  meetings,  the  unfinished  business  of 
the  preceding  meeting  shall  have  the  precedence  in  general  order 
of  business. 

443.  § 40.  The  rules  of  proceeding  in  the  Council,  shall  be 
observed  in  the  committee  of  the  whole,  as  far  as  they  may  be 
applicable. 

444.  § 41.  In  forming  a committee  of  the  whole,  the  Mayor 
shall  leave  his  chair,  and  a chairman  to  preside  in  the  committee 
shall  be  appointed  by  the  Mayor. 

445.  § 42.  When  the  Council  has  resolved  itself  into  a com- 
mittee of  the  whole,  the  Mayor  shall  not  be  entitled  to  any  vote; 
but  shall  be  allowed  to  speak  upon  any  question  before  the  Com- 
mittee. 

446.  § 43.  The  rules  of  parliamentary  practice,  comprised  in 
Robert’s  Rules  of  Order  shall  govern  the  Council  in  all  cases 
to  which  they  are  applicable,  and  in  which  they  are  not  inconsis- 
tent with  the  rules  of  the  Council. 

44?.  § 44.  The  foregoing  rules,  or  any  of  them,  shall  not  be 

repealed,  annulled,  amended,  abridged  or  modified  except  by  a 
vote  of  two-thirds  of  the  full  Council,  upon  one  month’s  previous 
notice.  To  suspend  the  rules  shall  require  a majority  of  the 
members  present. 


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At  the  regular  meeting  of  the  City  Council  held  March  Gth, 
1882,  the  following  proceedings  were  had: 

Alderman  Gale,  from  the  Committee  on  Revision  of  Ordinances, 
presented  the  following  report: 

The  committee  are  of  opinion  that  a thorough  and  careful  re- 
vision of  the  ordinances  is  desirable,  that  such  revision  to  be 
worth  making  should  be  well  and  completely  done,  the  ordi- 
nances made  to  conform  to,  where  they  now  conflict  with,  the 
Charter,  the  Constitution  and  Statutes  of  the  State  and  the  de- 
cisions of  the  courts;  that  the  occasion  should  be  taken  to  drop 
all  obsolete  provisions,  or  such  as  experience  has  shown  to  be  un- 
necessary, and  to  make  such  other  amendments  as  will  render  the 
ordinances  harmonious  and  simple,  better  understood  and  more 
effective.  They  are  of  opinion  if  the  work  is  to  be  done,  it  should 
be  done  by  a well-selected  commission,  that  the  revisers  should 
report  to  the  Council  the  ordinances  in  their  proposed  new  shape 
and  carefully  compared  with  those  now  in  force,  so  that  the  Coun- 
cil may  intelligently  pass  upon  all  the  proposed  changes.  They 
recommend  the  passage  of  the  following  resolution: 

That  the  Mayor  be  requested  to  appoint  two  competent  persons 
to  prepare  and  submit  to  the  Council  for  their  adoption  or  rejec- 
tion an  ordinance  in  revision  of  the  ordinances  of  the  city. 

The  foregoing  report  was  adopted  and  the  following  were  ap- 
pointed as  such  commission:  Frederick  A.  Willoughby  and  Geo. 
A.  Lawrence,  and  ex-officio  George  W.  Prince,  City  Attorney 
and  W.  A.  Ryan,  City  Clerk. 


Attest: 


W.  A.  RYAN,  City  Clerk. 


X 


REVISED  ORDINANCES 


AN  OEDINANCE 

IN  REVISION  OF  THE  GENERAL  ORDINANCES  OF  THE  CITY  OF 

GALESBURG. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Galesburg : 
That  the  ordinances  of  the  city  of  Galesburg  of  a general  charac- 
ter be  and  the  same  are  hereby  revised  so  that  the  same  shall 
read  as  follows : 


CHAPTER  I. 


Section. 

1.  First  Ward— boundaries  of  defined. 

2.  Second  Ward— boundaries  of  defined. 

3.  Third  Ward— boundaries  of  defined. 

4.  Fourth  Ward — boundaries  of  defined. 


WARDS. 

Section. 

5.  Fifth  Ward— boundaries  of  defined. 

6.  Sixth  Ward — boundaries  of  defined. 

7.  Seventh  Ward— boundaries  of  defined, 


The  city  is  hereby  declared  to  be  divided  into  seven  wards  as 
follows,  to-wit: 

448.  § 1.  The  territory  bounded  on  the  north  by  the  center 
line  of  Main  street,  on  the  south  by  the  center  line  of  South  street, 
on  the  east  by  the  center  line  of  Seminary  street,  on  the  west  by 
the  center  line  of  West  street  shall  constitute  the  First  Ward. 

449.  § 2.  The  territory  bounded  on  the  north  by  the  center 
line  of  North  street,  on  the  south  by  the  First  Ward,  on  the  east 
by  the  center  line  of  Seminary  street,  on  the  west  by  the  center 
line  of  West  street  shall  constitute  the  Second  Ward. 

450.  § 3.  The  territory  bounded  on  the  west  by  the  center 
line  of  West  street,  and  by  the  same  line  extended  to  the  northern 
limits  of  the  city,  on  the  south  by  the  center  line  of  North  street, 
and  the  same  extended  to  the  eastern  limits  of  the  city,  and 
bounded  on  the  north  and  east  by  the  city  limits,  shall  constitute 
the  Third  Ward. 

11 


162 


REVISED  ORDINA^fCES. 


451.  § 4.  The  territory  bounded  on  the  north  by  the  Third 
Ward,  on  the  west  by  the  center  line  of  Seminary  street,  commen- 
cing at  the  intersection  of  North  street  and  running  thence  south 
to  the  center  line  of  South  street,  and  by  the  center  line  of  Pearl 
street,  commencing  at  the  intersection  of  South  street  and  running 
thence  south  to  the  city  limits,  on  the  south  by  the  center  line  of 
South  street,  froiti  the  center  of  Seminary  street  to  the  center  of 
Pearl  street  and  by  the  city  limits,  and  on  the  east  by  the  city 
limits,  shall  constitute  the  Fourth  Ward. 

452.  § 5.  The  territory  bounded  on  the  north  by  the  center 
line  of  South  street,  and  the  same  line  extended  to  the  western 
limits  of  the  city,  on  the  east  by  the  center  line  of  Cherry  street, 
commencing  at  the  intersection  of  South  street  and  running  thence 
south  to  the  center  of  Brooks  street,  and  by  the  center  line  of 
Broad  street,  and  the  same  extended  to  the  southern  limits  of  the 
city,  on  the  south  by  the  center  line  of  Brooks  street  from  Cherry 
street  to  Broad  street  and  b}^  the  city  limits,  and  on  the  west  by 
the  city  limits,  shall  constitute  the  Fifth  Ward. 

453.  § 6.  The  territory  bounded  on  the  south  by  the  Fifth 

Ward,  on  the  east  by  the  First,  Second  and  Third  Wards,  on  the 

north  and  west  bv  the  citv  limits  shall  constitute  the  Sixth  Ward. 

«/ 

454.  § 7.  The  territory  bounded  on  the  north  -by  the  First, 
Fourth  and  Fifth  Wards,  on  the  east  by  the  Fourth  Ward,  on  the 
west  by  the  Fifth  Ward,  and  on  the  south  by  the  city  limits  shall 
constitute  the  Seventh  Ward. 


CHAPTER  II. 

OFFICERS. 


Section. 

1.  Officers — names  of. 

2.  Term  of. 

3.  Town  officers. 

4.  Official  bonds. 

5.  Commissions. 

6.  Must  pay  over  money. 

7.  Salaries. 

8.  Books  open  to  inspection. 

9.  Absence  of. 


i Section. 

10.  Misconduct,  etc. 

11.  Charges  against — hearing. 

12.  Witnesses  compelled  to  attend  hear- 

ing. 

13.  Vote  on  charges. 

14.  Officers  may  be  suspended  pending 

I charges,  etc. 

i 15.  Officers  ])ro  tern. 
j 16.  Removal  without  charges. 


455.  § 1.  The  officers  of  the  city  shall  be  a Mayor,  a 
City  Council,  a City  Clerk,  a City  Attorney,  a City  Treasurer, 
a City  Engineer  and  Surveyor,  a City  Marshal,  a City  Su- 
perintendent of  Streets,  a City  Superintendent  of  Street 
Lighting,  a City  Sealer  of  Weights  and  Measures,  a City 
Inspector  of  Mineral  Oils,  a City  Pound- Master,  a City 


REVISED  ORDINANCES. 


168 


Commissioner  of  Health,  a City  Physician,  a City  Inspector  and 
a City  Poor  master,  of  vvliich  the  Mayor,  City  Council,  City  Clerk, 
City  Attorney  and  City  Treasurer  shall  be  elective,  and  all  the 
others  appointive  officers. 

456.  § 2.  The  Mayor,  City  Council,  City  Clerk,  City  Attor- 
ney, City  Assessor  and  City  Treasurer  shall  hold  their  respective 
offices  for  such  time  as  is  prescribed  by  law,  and  all  other  officers 
named  in  section  one  of  this  chapter,  shall  be  appointed  during 
the  month  of  April  in  each  year,  and  shall  hold  office  for  one  year, 
and  until  their  successors  are  appointed  and  qualified. 

457.  § 3.  The  offices  of  City  and  Town  Clerk  in  the  city  and 
town  embraced  within  the  limits  of  the  city  of  Galesburg  shall  be 
united  in  the  same  pei-son.  The  election  of  Highway  Commis- 
sioner shall  be  discontinued,  the  offices  of  Supervisor  and  Poor- 
master  shall  be  separated,  and  the  Poormaster  appointed  by  the 
City  Council. 

458.  § 4.  All  official  bonds  shall  be  submitted  to  the  City 
Council  for  their  approval,  which  approval,  when  given,  shall  be 
certified  thereon  by  the  Clerk,  and  said  bonds  shall  be  filed  and 
preserved  in  his  office.  The  City  Council  may,  at  any  time,  re- 
quire a new  bond  to  be  executed  by  any  city  officer,  if  from  any 
cause  they  shall  deem  the  old  bond,  or  the  sureties  thereon  to  be 
insufficient;  but  the  execution  of  such  new  bond  shall  not  in  any 
manner  affect  any  liability,  loss,  or  damage  incurred  under  the  old 
bond,  or  release  the  sureties  from  any  liability  incurred  thereon. 
Wheti  any  city  officer,  except  the  Mayor,  Alderman  and  City 
Clerk,  shall  have  qualified,  as  required  by  the  charter  and  ordi- 
nances of  the  city,  the  City  Clerk  shall  make  out  and  deliver  to 
him  a commission  under  the  corj)orate  seal,  signed  by  the  Mayor 
or  presiding  officer  of  the  City  Council  and  the  City  Clerk. 

450.  ■§  5.  The  commission  shall  be  substantially  as  follows; 

A.  B.,  Mayor  of  the  city  of  Galesburg:  To  all  to  whom  these 

presents  shall  come,  greeting  : Know  ye,  that  C.  D.  having  been 

duly  elected  (or  appointed,  as  the  case  may  be),  and  qualified  to 

the  office  of of  the  city  of  Galesburg  : I,  A.  B.,  Mayor  of  said 

city,  for  and  in  behalf  of  the  people  thereof,  do  hereby  commis- 
sion him , in  and  for  said  city,  to  have  and  possess  the 

said  office,  with  all  the  rights,  powers,  and  emoluments  incident 
thereto,  with  authority  to  execute  all  the  duties  thereof  accord- 
ing to  law,  until  his  successor  shall  be  duly  chosen  and  qualified. 

In  testimony  whereof,  I have  hereunto  set  my  hand, 

[l.  s.J  and  caused  the  corporate  seal  of  said  city  to  be 

affixed,  this day  of , A.  D.,  one 

thousand  eight  hundred  and 
By  the  Mayor.  .... 


, Clerk. 


, Mayor, 


164 


REVISED  ORDINANCES. 


460.  § 6.  All  officers  collecting  or  receiving  any  moneys  on 
account  of  the  city,  shall  pay  the  same  as  fast  as  collected,  into 
the  city  treasury,  and  shall,  on  the  first  Monday  of  each  month, 
report  to  the  City  Council  an  accurate  statement  of  all  moneys 
received  by  them  during  the  preceding  month,  specifying  the 
amount,  from  whom,  and  on  what  account  received.  No  officer 
shall  retain  any  moneys  collected  or  received  by  him,  toward  the 
payment  of  any  salaries  or  fees  which  may  be  coming  to  him  from 
the  city,  but  shall  pay  the  same  into  the  treasury.  Any  officer 
violating  any  provision  of  this  section  shall  be  subject  to  a pen- 
alty of  not  less  than  ten  dollars,  and  shall  also  be  subject  to  re- 
moval from  office. 

461.  § 7.  The  salaries  of  all  city  officers,  unless  where  other- 
wise specially  provided,  shall  be  payable  monthly  on  the  first  Mon- 
day of  each  month;  and  they  may  present  their  accounts  to  the 
City  Council  for  adjustment.  But  no  warrant  shall  be  drawn  in 
favor  of  any  officer,  for  the  payment  of  his  salary,  until  he  shall 
have  filed  his  report  as  is  herein  required;  nor  shall  any  warrant, 
in  any  case,  be  drawn  in  favor  of  any  officer  who  shall  be  in  de- 
fault or  arrears  to  the  citv. 

462.  § 8.  The  records,  books  and  papers  pertaining  to  any 
city  office,  shall,  at  all  reasonable  times,  be  subject  to  the  inspec- 
tion and  examination  of  the  Mayor,  the  City  Council,  or  any  of  its 
committees,  or  any  person  interested  in  the  same;  and  all  city 
officers  shall,  when  requested,  give  all  the  information  in  their 
power  pertaining  to  their  respective  offices,  to  the  City  Council 
or  any  of  its  committees,  the  Mayor,  or  any  other  department  of 
the  city  government. 

463.  § 9.  If  any  city  officer  shall  remove  from  the  city  or 
absent  himself  therefrom  for  three  months,  his  office  shall  thereby 
be  vacated.  Any  officer  desiring  to  be  temporarily  absent,  shall 
apply  to  the  City  Council,  if  in  session,  or  if  not,  to  the  Mayor, 
for  leave  of  absence;  which  may  be  granted  for  any  time  not  ex- 
ceeding one  month,  by  the  Mayor,  or  by  the  City  Council  not 
exceeding  three  months.  Any  officer  who  shall  absent  himself 
from  the  city  for  more  than  one  week,  without  such  leave  of 
absence,  shall  be  subject  to  a penalty  of  not  less  than  twenty 
dollars,  for  each  week  he  may  so  absent  himself. 

464.  § 10.  All  officers  shall  be  liable  to  the  city,  for  all  loss 
or  damage  that  may  arise  from  their  omission  of  duty,  corruption 
in  office,  or  willful  misconduct  in  the  discharge  of  any  official 
duty;  and  the  City  Council  may,  in  their  discretion,  by  order, 
withhold  the  salary  of  any  officer  in  order  to  secure  the  city  from 
loss.  And  if  any  officer  shall  fail,  neglect,  or  refuse  to  discharge 
or  perform  any  duty  recpiired  of  him,  the  City  Council  may  em- 


REVISED  ORDINANCES. 


165 


ploy  or  appoint  some  competent  person  to  perform  such  duty,  and 
the  costs  and  expenses  of  doing  the  same  shall  be  charged  to  such' 
officer,  and  deducted  from  his  salary;  or,  if  his  salary  shall  be 
insufficient  to  pay  the  same,  they  may  be  recovered  by  suit  in  the 
name  of  the  city  before  any  court  having  jurisdiction. 

465.  § 11.  Whenever  it  shall  come  to  the  knowledge  of  the 
Mayor,  or  any  member  of  the  Council,  that  any  city  officer  is  in- 
competent, or  has  willfully  neglected  or  refused  to  discharge  any 
of  the  duties  of  his  office;  or  has  been  guilty  of  any  malfeasance, 
misfeasance,  or  other  improper  conduct  in  the  discharge  of  his 
official  duties,  he  shall  forthwith  prefer  cliarges  in  writing  against 
such  officer,  to  the  Council,  specifying  tlie  nature  of  the  offenses 
with  which  he  is  charged.  The  City  Council  shall  immediately 
appoint  by  ballot  a committee  of  three  members,  to  examine  into 
such  charges,  who,  if  upon  such  examination  they  shall  deem 
them  well  founded,  shall  frame  such  charges,  with  any  additional 
charges  they  may  find  probable  cause  for  preferring,  with  full 
specifications,  and  report  them  to  the  Council,  whereupon  the 
Council  shall  set  a day  within  ten  days  for  hearing  and  determin- 
ing the  same  A copy  of  the  charges  and  specifications,  with  a 
notice  of  the  day  set  for  hearing  the  same,  shall,  without  delay, 
be  made  out  by  the  City  Clerk  and  delivered  to  the  accused. 
Upon  the  day  appointed,  the  City  Council  shall  proceed  to  hear 
and  examine  all  evidence  that  may  be  offered,  on  both  sides;  and 
may,  if  necessary,  adjourn  from  day  to  day. 

466.  § 12.  The  Mayor  shall  issue  warrants  under  the  corpo- 
rate seal,  for  all  witnessess,  or  the  production  of  all  papers  that 
may  be  required,  either  before  the  City  Council,  or  before  the 
special  committee,  and  deliver  the  same  to  the  City  Marshal,  who 
shall  serve  the  same,  by  reading  or  by  delivering  a copy  thereof  to 
the  person  summoned,  and  shall  make  a return  in  what  manner  he 
has  executed  the  same.  And  any  person  who  shall  neglect  or  re- 
fuse to  appear,  or  to  testify  when  so  required,  or  to  produce  any 
papers  which  he  may  have  in  his  possession,  or  under  his  control, 
pertaining  to  such  trial,  shall  be  subject  to  a penalty  of  not  less 
than  fifty  dollars,  and  may  be  compelled  to  appear  or  testify  in 
any  other  legal  manner.  When  any  witness  may  be  unable  to 
attend,  from  sickness  or  other  cause,  or  is  beyond  the  jurisdiction 
of  the  City  Council,  his  deposition,  taken  in  accordance  with  the 
laws  of  the  State,  mav  be  read  in  evidence. 

467.  § 13.  The  City  Council  shall,  upon  concluding  such  ex- 

amination, vote  by  ayes  and  noes  upon  the  charges.  The  ques- 
tion upon  each  charge  shall  be,  tlia  accused  and  if 

two-thirds  of  all  the  Aldermen  required  by  law  to  be  elected, 
shall  vote  that  he  is  guilty  of  any  charge  preferred,  they  may 


166 


REVISED  ORDINANCES. 


resolve  that  he  be  removed  from  office;  and  the  Council  shall 
thereupon  proceed  to  fill  such  vacanc}"  according  to  law.  The 
proceedings  shall  be  entered  at  large  upon  the  journals  by  the 
City  Clerk.  The  accused  shall  be  heard,  if  he  shall  so  desire,  by 
himself  or  counsel  in  his  defense,  and  the  City  Attorney,  if  re- 
quired, shall  attend  and  prosecute  on  behalf  of  the  city.  But  no 
exceptions  shall  be  taken  or  allowed  as  to  the  form  of  the  charges 
or  specifications;  and  it  shall  be  sufficient  if  the  offense  charged 
is  clearlv  and  substantiallv  set  forth. 

V ^ ft/ 

468.  § 14.  When  any  charge  shall  be  so  preferred,  the  offi- 
cer may,  by  a two-thirds  vote  of  the  Council,  be  suspended  until 
it  is  disposed  of,  and  the  City  Council  may  make  a temporary 
appointment  to  fill  such  vacancy.  If  an\-  officer  shall,  without 
good  cause,  neglect  to  appear  at  the  time  appointed,  and  answer 
the  charges  againt  him,  his  office  shall  be  declared  vacant. 
Anv  officer  who  mav  be  removed  from  office,  shall  not  receive  any 
salary  from  and  after  the  date  charges  are  preferred  against  him. 

469.  § 15.  When  any  particular  officer,  required  by  ordinance 
to  execute  any  particular  duty,  shall  be  absent,  or  incompetent, 
or  otherwise  unable  to  discharge  such  duty,  the  Mayor  may  assign 

' fc'  ft/  » — • 

the  discharge  of  such  duty  to  some  other  officer,  and  such  officer 
shall  act  in  such  case  with  the  same  power  and  authority,  as  if 
specially  named  in  the  ordinance. 

410.  § 16.  Any  officer  appointed  by  the  Cit\^  Council,  may 

be  removed  from  office  at  any  time,  by  a vote  of  two-thirds  of  all 
the  Aldermen  required  by  law  to  be  elected.  But  the  City  Coun- 
cil may,  at  its  option,  cause  charges  to  be  preferred  against  such 
officer,  and  proceed  to  hear  and  determine  the  same  in  the  same 
manner  as  is  heretofore  prescribed  in  this  chapter. 


CHAPTER  III. 

THE  MAYOR. 

Section.  Section. 

1.  Shall  enforce  lawg  and  ordinances—  3.  Appoint  officers, 
supervision  of  officers. 

•1.  Decide  applications  for  licenses  except  reward  for  criminals, 

dram-shop  licenses. 

471.  § 1.  The  Mayor,  in  addition  to  the  duties  required  of  him 
by  law,  shall  take  care  that  the  laws  of  this  State  and  the  ordi- 
nances of  the  city  be  enforced,  and  that  the  peace  and  good  order 
of  the  city  be  preserved;  he  shall  exercise  a general  supervision 
over  all  other  officers  of  the  city,  and  cause  any  neglect  or  vio- 
lation of  duty  on  the  part  of  any  officer  to  be  promptly  corrected. 


REVISED  ORDINANCES. 


167 


472.  § 2.  The  Mayor  shall  decide  upon  all  applications  for 
license,  except  licenses  to  keep  a dram  shop,  and  grant  or  reject 
the  same;  but  it  shall  be  his  duty  to  grant  all  such  applications 
where  the  same  are  in  accordance  with  law  and  the  ordinances 
of  the  city,  and  the  applicant  is  of  the  age  of  twenty-one  years,  of 
good  moral  character,  and  is  qualified  according  to  law  and  the 
ordinances  of  the  city  to  receive  the  same,  and  the  Mayor  shall 
have  power  to  revoke  any  license  so  granted  by  him  for  a viola- 
tion of  law  or  the  ordinances  of  the  city  or  for  gross  misconduct 
on  the  part  of  the  licensee:  Provided^  that  the  party  aggrieved 
may  appeal  to  the  City  Council  at  the  next  regular  or  special 
meeting,  when  if  a majority  of  all  the  members  elect  to  the  City 
Council  shall  so  vote,  said  license  shall  again  become  valid  and 
of  full  force. 

473.  § 3.  The  Mayor  shall  appoint,  with  the  advice  and  consent 
of  the  City  Council,  all  officers  of  the  city  not  elective,  or  whose 
appointment  shall  not  be  otherwise  provided  for  by  law,  and  when- 
ever any  vacancy  occurs  in  any  office,  he  shall,  except  where  the 
law  otherwise  provides,  appoint  with  the  advice  and  consent  of 
the  City  Council,  some  person  to  fill  such  vacancy,  and  for  that 
purpose  he  shall,  within  thirty  days  after  such  vacancy  occurs,  pre- 
sent to  the  City  Council  a nominee  lor  such  vacancy,  and  shall 
immediately,  upon  the  occurrence  of  said  vacancy,  designate  some 
person  to  discharge  the  duties  of  said  office  until  said  vacancy  is 


filled. 

474.  § 4.  The  Mayor,  whenever  he  shall  deem  it  necessary, 
may  issue  his  proclamation  offering  a reward  of  not  more  than 
three  hundred  dollars  for  the  arrest  of  any  one  who  may  have 
committed  a felony  within  the  city  of  Galesburg. 


CHAPTER  IV. 

THE  CITY  COUNCIL. 

Section.  Section. 

1.  Regular  meetinge.  2.  Compensation. 

475.  § 1.  The  City  Council  shall  hold  their  regular  meetings 
on  the  first  Monday  of  each  month  in  such  place  as  shall  at  the 
time  be  used  as  the  City  Council  chamber. 

476.  § 2.  The  compensation  to  be  paid  to  Aldermen  is  hereby 
fixed  at  two  dollars  to  each  Alderman,  for  each  meeting  of  the 
City  Council  actually  attended  by  him,  and  no  other  compen- 
sation than  for  attendance  upon  such  meetings  shall  be  allowed 
to  any  Alderman  for  any  services  whatsoever. 


168 


REVISED  ORDINANCES. 


CHAPTER  V. 


THE  CIT 

Section,. 

1.  Shall  provide  hallot-boxe?,  etc. 

2.  Notify  Mayor  of  election  returns. 

3.  Keep  blanks  for  physicians,  etc. 

4.  Attest  licenses,  etc. 

5.  Issue  notices. 


CLERK. 

Section. 

6.  Draw  warrants  upon  treasury. 

7.  Keep  accounts  with  officers  collecting 

money. 

8.  Keep  account  of  city  revenue. 


477.  § 1.  Tlie  City  Clerk  shall,  in  addition  to  the  duties  of  his 
office  as  prescribed  by  law,  provide  a sufficient  number  of  ballot 
boxes,  blanks  and  forms  for  the  use  of  the  judges  and  clerks  of 
election,  which  shall  conform  in  all  respects  to  the  requirements 
of  law  upon  that  subject. 

478.  § 2.  The  City  Clerk  shall,  as  soon  as  all  the  returns  of 
any  election  shall  have  been  filed  with  him  in  accordance  with 
law,  without  delay,  notify  the  Mayor  thereof. 

479.  § 3.  The  City  Clerk  shall  provide  and  keep  constantly 
on  hand  and  furnish  on  request  without  charge  to  physicians  and 
mid-wives  practising  in  the  city,  and  to  acting  coroners  for  use  in 
the  city,  printed  blank  certificates  of  death.  He  shall  also  record 
in  a book  kept  by  him  for  that  purpose,  the  substance  of  all  certifi- 
cates of  death  furnished  him  by  physicians,  midwives  and  acting 
coroners,  and  upon  receipt  of  each  such  certificate  he  shall  sign 
and  issue  a burial  permit,  or  permission  to  remove  the  corpse 
from  the  city  for  burial,  as  may  be  desired. 

480.  § 4.  The  City  Clerk  shall  attest  all  licenses  granted 
by  the  Mayor  or  City  Council,  and  shall  keep  a registry  of  the 
same,  showing  the  date  of  issue,  time  of  expiration,  business 
licensed  and  amount  paid. 

481.  § 5.  The  City  Clerk  shall  issue  notices  of  special  meet- 
ings to  the  members  of  ,the  City  Council  when  directed  by  the 
Mayor  or  any  three  Aldermen  so  to  do,  and  all  other  notices  which 
he  may  be  directed  by  the  City  Council  to  issue;  he  shall  also 
issue  notices  to  the  members  of  the  different  committees  of  the 
City  Council,  and  to  all  persons  whose  attendance  may  be  required 
before  any  such  committee  when  thereto  directed  by  the  chair- 
man thereof,  or  whose  attendance  may  be  required  before  the 
City  Council  when  so  directed  by  the  Mayor. 

482.  § 6.  The  City  Clerk  shall,  upon  the  allowance  of  any 
account  or  claim  by  the  City  Council,  draw  a warrant  therefor 
upon  the  city  treasury,  payable  to  the  claimant  or  order,  which 
warrant,  when  signed  by  the  Mayor  and  countersigned  by  the 


REVISED  ORDINANCES. 


169 


Clerk,  shall  be  paid  by  the  City  Treasurer.  He  shall  keep  in  a 
suitable  book  an  accurate  list  of  all  warrants  drawn  on  the  treas- 
ury, stating  the  date,  number  and  amount  thereof,  and  the  name 
of  the  person  in  whose  favor  drawn;  and  he  shall  take  the  receipt 
of  such  person  for  the  warrant  upon  the  delivery  thereof. 

483.  § 7.  The  City  Clerk  shall  keep  all  accounts  pertaining 
to  the  finances  of  the  city.  He  shall  keep  an  accurate  accouiit 
with  all  city  officers  and  others  collecting  or  receiving  any  mon- 
eys, property  or  claims  on  account  of  the  city,  charging  them 
with  all  moneys  or  property  received  by  them,  or  claims  placed 
in  their  hands  for  collection,  and  crediting  them  with  all  moneys 
jiaid  into  the  treasury,  upon  their  filing  the  Treasurer’s  receipts, 
or  with  claims  or  accounts  uncollectable,  or  other  proper  credits, 
upon  filing  the  proper  vouchers.  The  Treasurer  shall  be  credited 
with  all  warrants  cancelled  and  returned. 

484.  § 8.  The  City  Clerk  shall  keep  a detailed  and  specific 
. account  of  the  city  revenue,  keeping  an  account  with  each  sepa- 
rate fund,  crediting  the  same  with  all  receipts,  and  charging  it 
with  all  appropriations  or  warrants  drawn  thereon.  He  shall 
charge  each  warrant  to  the  fund  or  appropriation  on  which  it  is 
drawn.  He  shall  keep  an  accurate  account  of  all  debts  due  by 
or  owing  to  the  city,  and  shall  keep  a bill  book  in  which  he  shall 
enter  a correct  list  of  all  bonds,  notes,  or  other  obligations  given  by 
or  payable  to  the  cit}’^,  with  the  date  thereof,  the  person  to  whom 
or  by  whom  owing  or  payable,  and  the  rate  of  interest,  and  the 
time  and  manner  in  which  the  principal  and  interest  are  payable, 
and  such  other  particulars  as  may  be  necessary  to  a full  under- 
standing thereof.  No  account  shall  be  allowed,  or  warrant  drawn 
in  favor  of  any  person  indebted  to  the  city,  or  of  his  assignee, 
except  for  the  balance  which  may  be  due  over  and  above  the 
amount  due  the  city. 


t 


iro 


REVISED  ORDINANCES. 


CHAPTER  VI. 

CITY  ATTORNEY. 

6tctiou.  I Section. 

1.  Shall  prosecute  and  del'eud  suits  for  3.  Report  cases,  etc. 

4.  Collect  executious— appeals. 

■4.  Shall  advise  City  C ouncil,  etc.;  exam-  5 City  Attoruey  fern, 
ine  assessments  and  tax  lists,  etc. 

485.  § 1.  The  City  Attorney  shall  prosecute  or  defend  in 

behalf  of  the  city,  in  all  cases  in ’which  the  interests  of  the  city, 
or  the  official  acts  of  any  officer  are  involved.  He  shall,  when 
required,  prosecute  any  suit  brought  in  the  name  of  the  city,  be- 
fore any  magistrate  in  the  city. 

• 486.  § '1.  He  shall,  when  required,  advise  the  City  Council 

or  any  of  its  committees,  or  any  city  officer,  in  relation  to  any 
matter  of  law,  in  which  the  interests  of  the  city  are  in  question. 
He  shall  examine  all  assessments  and  tax  lists,  and  other  papers 
in  relation  to  the  assessment  or  collection  of  taxes  or  assessments, 
and  approve  the  same  ; draft  any  ordinance,  bond,  contract,  or 
other  instrument  of  writing  in  behalf  of  the  city;  examine  and 
approve  the  same  when  required  by  the  City  Council,  any  of 
its  committees,  or  the  Mayor.  When  his  written  opinion  shall  be 
required  by  the  City  Council,  or  the  Mayor,  on  any  question  of 
interest  to  the  city,  he  shall  furnish  it  and  keep  a record  thereof 
in  a suitable  book. 

487.  § 3.  He  shall  report  to  the  City  Council,  without  delay, 
after  the  adjournment  of  each  term  of  any  court  of  record,  and  at 
such  other  times  as  he  may  be  required,  the  state  or  disposition 
of  all  cases  of  the  city  pending  in  such  court.  He  shall  examine 
all  fee  bills  of  officers  of  courts,  and  others,  and  certify  to  the  cor- 
rectness of  the  same,  and  the  liability  of  the  city  therefor. 

488.  § 4.  He  shall  cause  execution  to  be  issued,  upon  all 
judgments  recovered  in  favor  of  the  city,  and  attend  to  their 
prompt  collection.  He  shall  report  to  the  City  Council,  or  to  the 
Mayor,  all  cases  in  wdiicli  he  shall  deem  it  expedient  to  take  any 
appeal,  or  w’rit  of  error  on  behalf  of  the  city,  and  tlie  City  Coun- 
cil may,  by  an  order  or  resolution,  authorize  the  same  to  be  done; 
whereupon  the  Mayor  shall  enter  into  such  bond  or  other  obliga- 
tion on  the  part  of  the  city,  under  the  corporate  seal,  and  with 
such  sureties  as  may  be  necessary  ; and  such  sureties  shall  be  in- 
demnified by  the  city  from  all  loss  or  damage.  He  shall  prepare 
and  file  all  necessary  papers  in  all  cases  in  which  the  city  is  a 


REVISED  ORDINANCES. 


171 


party  or  interested.  The  City  Clerk  shall  deliver  to  him  any 
bond  or  other  paper  necessary  to  be  used  in  any  suit,  or  other 
proceeding,  taking  his  receipt  for  the  same. 

489.  § 5.  The  City  Attorney  may,  in  case  of  his  temporary 

absence,  or  in  case  he  is  otherwise,  for  any  reason,  unable  to  at- 
tend to  the  duties  of  his  office,  with  the  consent  of  the  Mayor, 
and  at  his  own  expense,  appoint  some  competent  attorney  to  act 
in  his  place. 


CHAPTER  VII. 


CITY  TREASURER. 


Section. 

1.  Shall  keep  accurate  accounts  of  money 

received  and  paid. 

2.  Report  to  Council. 


Section. 

3.  Keep  account  with  Justices  of  the 

Peace. 

4.  Collect  all  bills  due  the  city.. 


490.  § 1.  The  City  Treasurer  shall  keep  such  books  as  may 
be  necessary,  and  keep  an  accurate  account  of  all  moneys  re- 
ceived and  disbursed  by  him  on  account  of  the  city,  stating  from 
wliom  and  on  what  account  received,  and  to  whom  and  on  what 
account  paid. 

491.  § 2.  He  shall,  on  the  first  Monday  of  each  month,  re- 
port to  the  City  Council  a specific  statement  of  all  receipts  and 
expenditures  for  thp  preceding  month. 

492.  § 3.  He  shall  keep  an  account  vvith  the  police  magis- 
trate and  each  justice  of  the  peace,  charging  them  with  the  amount 
of  fines  assessed  and  crediting  his  account  with  the  amount  of 
fines  paid  into  the  treasury  or  released,  and  shall  from  time  to 
time  report  to  the  City  Council  the  condition  of  such  accounts. 

493.  § 4.  It  shall  be  the  duty  of  the  City  Treasurer  to  col- 
lect all  bills  due  the  city,  except  where  otherwise  provided  by 
law. 


172 


REVISED  ORDINANCES. 


CHAPTER  VIIL 


CITY  EISGINEER  AND  SURVEYOR. 


Section. 

1.  Shall  make  plains  for  public  works. 


Section. 

5.  Mark  grade  for  structures,  etc,  without 


2.  Inspect  materials  therefor. 

3.  Make  surveys  of  grades,  etc. 

4.  Keep  record  of  surveys,  etc. 


charge. 

6.  Provide  himself  with  field  notes. 

7.  Erect  monuments. 


494.  § 1.  The  City  Engineer  and  Surveyor  shall,  when  re- 
(juired  by  the  Mayor,  the  Council,  or  any  of  its  committees,  make 
out  plans,  estimates  and  specifications  for  any  public  work  which 
may  be  ordered,  or  proposed  by  the  City  Council,  and  superintend 
the  construction  thereof. 

495.  § 2.  He  shall,  when  required  by  the  proper  authority, 
receive,  inspect  and  measure  any  lumber  or  other  materials  to 
be  used  for  any  public  work,  and  keep  an  accurate  account  in  a 
suitable  book,  of  the  quantity  and  quality  of  the  same  fi-om  whom 
received,  the  cost  thereof,  and  also  for  what  purpose  used,  or  to 
be  used,  and  to  whom  delivered.  He  shall  examine  all  accounts 
for  materials  received  by  him  on  account  of  the  city,  and  if  cor- 
rect, certify  the  same  to  the  City  Council. 

49G.  § 3.  He  shall,  wlien  required  by  the  City  Council,  make 

surveys  of  the  grades  or  boundaries  of  streets  and  alleys,  and  pre- 
pare plats  or  profiles  thereof,  and  report  the  same  to  the  City 
Council;  and  no  such  survey  of  any  grade  or  boundary  shall  be 
established  and  valid,  until  the  plat  or  profile  thereof  shall  be  re- 
ported to  and  approved  by  the  City  Council.  He  shall  receive 
from  the  City  Clerk  all  plats  and  other  papers  pertaining  to  his 
department,  as  soon  as  the  City  Council  shall  have  no  further  use 
therefor. 

497.  § 4.  He  shall  make  out  and  keep  a diagram  or  plat  of 
all  the  grades  and  boundaries  of  streets  and  alleys  established  by 
the  City  Council,  correcting  the  same  when  any  grade  shall  be 
changed,  and  adding  thereto  when  any  new  grade  or  boundary 
shall  be  established;  and  he  shall  record  in  a suitable  book  the 
profiles  and  notes  of  all  surveys  of  grades  and  boundaries  estab- 
lished, and  shall  preserve  the  original  papers  relating  thereto;  and 
shall  otherwise  keep  a systematic  record  of  all  the  transactions 
pertaining  to  his  department. 

498.  § 5.  He  shall  without  charge,  mark  the  grade  of  any 
street  or  alley,  where  the  same  is  established,  at  the  request  of 
any  person  wishing  to  erect  any  structure  or  make  any  enclosure 


REVISED  ORDINANCES. 


173 


or  lay  any  sidewalk.  He  shall  preserve  in  his  office  all  records 
and  plats  of  surveys,  and  all  books,  papers  and  writings  pertain- 
ing to  his  office. 

499.  § 6.  He  shall  acquaint  himself  wifh  the  original  surveys 
of  tlie  town  and  city,  and  shall,  as  far  as  practicable,  provide  him- 
self with  copies  of  the  field  notes  of  the  original  surveys;  and 
shall  make*his  surveys  in  accordance  therewith;  and  he  shall  note 
all  errors  or  discrepancies  in  the  original  surveys,  or  re-surveys 
as  soon  as  discovered. 

500.  § 7.  He  shall,  upon  finding  or  establishing  the  boundary 
of  any  lot  or  tract  surveyed,  plant  a substantial  stake  or  stone  at 
each  corner  thereof,  and  give  to  the  owner  or  person  employing 
him,  if  required,  a certificate,  stating  the  date,  and,  as  far  as  prac- 
ticable, the  metes  and  bounds  of  the  survey;  and  he  shall  record 
all  such  surveys  in  a suitable  book,  stating  the  date  of  the  survey, 
for  whom  made,  and  describing,  as  far  as  practicable,  the  metes 
and  bounds  thereof. 


CHAPTER  IX. 


CITY  SUPERINTENDENT  OP  STREETS. 


Section. 

1.  Superintend  street  improvements. 

2.  Procure  materials,  etc. 

.3.  Keep  account  of  property  in  his  charge. 

4.  Keep  account  of  expenditures. 


Section. 

5.  Report  to  Council. 

6.  Keep  sidewalks  in  repair. 

7.  Enforce  ordinances  relating  to  streets, 

etc. 


501.  § 1.  The  City  Superintendent  of  Streets,  except  where  by 
the  Council  it  is  otherwise  specially  ordered,  shall  superintend  all 
improvements  ordered  by  the  City  Council  upon  the  streets  and 
alleys,  and  make  all  necessary  repairs  thereof,  but  no  improve- 
ment or  repair,  except  such  as  may  be  actually  necessary,  shall  be 
made  without  the  order  of  the  City  Council;  and  he  shall,  without 
delay,  cause  all  breaks  in  any  planked  street  or  alley,  bridge,  cul- 
vert, apron,  or  street  crossing,  or  other  insecure  or  unsafe  place, 
to  be  repaired,  and  report  the  cost  thereof  to  the  City  Council  for 
allowance;  and  when  the  probable  cost  of  any  repair  shall  exceed 
twenty-five  dollars,  the  same  shall  be  made  only  with  the  concur- 
rence of  the  committee  on  streets. 

502.  § 2.  He  may  procure  the  necessary  implements  for  per- 
forrnifig  street  work,  or  materials  for  bridges,  culvei  ts  or  cross- 
walks, but  he  shall  purchase  no  implements  or  materials  without 


174 


REVISED  ORDINANCES. 


making  his  written  requisition  to  the  street  committee,  and  get- 
ting tlieir  order  therefor.  When  he  shall  purchase  any  imple- 
ments on  account  of  the  city,  he  shall  immediately  report  the  bill 
thereof  to  the  City  Clerk,  who  shall  charge  him  with  the  same  at 
cost.  He  shall  cause  all  implements  belonging  to  the  city  to  be 
legibly  marked  or  branded  with  the  letters  “C.  G.” 

503.  § 3.  He  shall  keep  a correct  list  and  account? of  all  im- 
plements, materials  and  other  property  of  the  city  in  his  charge, 
and  shall  be  accountable  therefor;  and  shall  deliver  the  same  to 
his  successor  in  office,  taking  his  receipt  therefor,  which  he  shall 
file  with  the  City  Clerk,  who  shall  credit  him  with  the  same  and 
charge  his  successor  therewith. 

504.  § 4.  He  shall  keep,  in  an  appropriate  book,  and  in  such 
manner  as  he  may  be  required  by  the  committee  on  finance,  a 
plain  and  accurate  account  of  all  expenditures  made  under  his 
supervision,  specifying  to  whom  made  and  for  what  purpose, 
which  shall  at  all  times  be  open  for  inspection,  and  at  the  expira- 
tion of  his  term  of  office,  be  deposited  with  the  City  Clerk.  He 
shall  examine  all  accounts  of  contractors  and  others  for  work 
pertaining  to  his  department,  or  for  implements  or  materials  fur- 
nished therefor,  and,  if  correct,  shall  certify  the  same  to  the  City 
Council. 

505.  § 5.  He  shall,  at  the  regular  meeting  in  each  month, 
report  to  the  City  Council  a statement  of  all  the  expenditures 
under  his  supervision  for  the  preceding  month,  specifying  the 
purpose  of  such  expenditures,  and,  if  required,  the  person  to 
whom  made.  No  account  presented  or  certified  shall  be  allowed, 
or  warrant  issued  thereon,  unless  it  shall  be  so  rendered  as  to 
show  to  what  account  it  is  chargeable. 

50G.  § 6.  He  shall  see  that  all  side- walks  are  kept  in  safe 

condition,  and  report  each  month  to  the  Council  all  walks  that 
are  unsafe  but  not  worth  repairing. 

507.  § 7.  He  shall  cause  all  ordinances  in  relation  to  the 

streets  and  alleys  and  sidewalks  to  be  enforced,  and  shall  prose- 
cute all  violations  thereof.  He  shall  obey  all  such  orders,  gen- 
eral and  special,  as  he  may  receive  from  the  Mayor,  City  Council 
or  the  committee  on  streets  and  alleys. 


REVISED  ORDINANCES. 


175 


CHAPTER  X. 

CITY  INSPECTOR. 

Section.  i Section. 

1.  Shall  have  charge  of  wood  and  coal  3.  Keep  account  of  his  business. 

yard.  ! 4.  Give  certiflcates. 

2.  Attend  to  measuring  wood  and  weigh-  5.  Test  his  scales  monthly. 

ingcoal.  | g Certain  persons  disqiialified. 

508.  § 1.  The  City  Inspector  shall  have  the  charge  of  the 
public  wood  and  coal  yard,  which  is  hereby  declared  to  be  lots 
numbered  ten  (10),  fourteen  (14)  and  fifteen  (15),  in  block  twen- 
ty-four (^4),  and  shall  be  known  as  the  “City  Wood  and  Coal 
Yard,”  and  upon  the  northwest  corner  of  which  shall  be  located 
the  city  scales  and  scales  building. 

509.  § 2.  The  City  Inspector  shall  keep  the  city  scales 
always  in  good  order  and  accurate  in  weight,  and  shall  attend  the 
same  for  the  liccommodation  of  the  public  at  all  reasonable  hours 
of  the  day,  so  that  no  unreasonable  delay  shall  be  caused  to  any 
one  desiring  to  weigh;  and  shall  give  like  prompt  attention  to  the 
measurement  of  wood,  for  which  the  said  Inspector  shall  be  en- 
titled to  a fee  of  ten  cents  per  load,  to  be  paid  on  delivery  of  his 
certificate  to  the  party  for  whom  such  weighing  or  measuring  is 
done  (except  for  measuring  wood  and  coal  for  use  of  schools  and 
churches  of  the  city  and  other  public  uses,  for  which  the  inspec- 
tor shall  receive  no  fee);  and  for  any  default  by  said  Inspector  in 
this  respect,  he  shall  be  liable  to  a penalty  of  five  dollars,  one- 
half  to  inure  to  the  benefit  of  the  party  injured. 

510.  § 3.  The  City  Inspector  shall  keep  an  accurate  account 
in  a book  provided  by  the  city,  of  all  his  business  as  City  Inspec- 
tor, of  all  fees  received,  and  from  whom,  and  make  monthly  to 
the  Council,  at  each  regular  meeting  thereof,  a detailed  report  of 
the  business  of  the  preceding  month.  He  shall  at  the  time  of 
making  his  annual  report,  pay  over  to  the  city  such  part,  if  any, 
of  the  receipts  of  his  office  as  may  be  in  excess  of  the  salary 
fixed  by  ordinance  and  present  the  Treasurer’s  receipt  for  the 
same  to  the  City  Council. 

511.  § 4.  The  City  Inspector  shall,  upon  payment  of  the 
proper  fee,  give  to  the  person  entitled  thereto,  a certificate  of  the 
weight  or  measurement  of  his  hay,  wood  or  coal,  which  certificate 
shall  be  written  with  ink,  or  partly  written  with  ink  or  partly 
printed,  and  shall  not  be  considered  complete  unless  the  Inspec- 
tor shall  have  certified  the  net  weight  or  measurement  of  the  arti- 
cle weighed  or  measured,  and  the  number  of  bushels. 

512.  § 5.  The  Inspector  shall  test  the  accuracy  of  his  scales 
monthly,  and  oftener  if  he  has  cause  to  think  them  inaccurate. 


176 


REVISED  ORDIXAXCES. 


He  shall  keep  them  in  good  order  and  cause  them  to  be  repaired 
when  needed;  but  no  expense  exceeding  five  dollars  shall  be  in- 
curred without  the  consent  of  the  Ma^’or. 

513.  § 6.  Xo  person  shall  be  appointed  or  be  competent  to 

fill  the  office  of  City  Inspector  who  shall,  directly  or  indirectly, 
follow  the  business  of  buvingr,  selling  or  deliverinof  ha\%  wood  or 
coal. 


CHAPTER  XI. 

CITY  PHYSICIAN. 

Section.  ' Section. 

1.  Duties  defined.  Furnish  medicines,  etc.,  at  his  own 

expense. 

514.  § 1.  The  City  Physician  shall  be  a legally.licensed  phy- 
sician and  surgeon  under  the  laws  of  this  State,  and  it  shall  be 
his  duty  to  attend  all  cases  of  sickness  or  injuries  where  the 
party  needing  medical  or  surgical  aid  is  unable  to  employ  a phy- 
sician or  surgeon,  upon  the  order  of  the  Mayor,  any  Alderman, 
the  Commissioner  of  Health,  Cit}’-  Marshal,  or  Poormaster;  or  in 
case  of  danger  from  delay  in  obtaining  such  order,  said  physician 
may  attend  the  patient,  but  shall  immediately  report  the  case  to 
the  Poormaster,  and  shall  thereafter  be  subject  to  his  direction  as 
to  future  professional  attendance. 

515.  § 2.  The  City  Physician  shall,  at  his  own  expense,  fur- 
nish all  medicine  and  surgical  appliances  needed  for  any  patient 
attended  by  him,  and  shall  report  the  expense  thereof,  and  the 
City  Council  may,  at  its  discretion,  allow  to  said  physician  the 
whole  or  any  portion  of  said  expense. 


CHAPTER  XII. 

SUPERINTENDENT  OF  STREET  LIGHTING. 

Section.  Section. 

1.  Duties  defined.  2.  Employ  assistants. 

516.  § 1.  The  Superintendent  of  Street  Lighting  shall,  under 
the  direction  of  the  Mayor  and  Committee  on  Street  Lighting, 
superintend,  care  for,  properly  clean,  repair  and  attend  to  the 
lighting  of  all  street  lamps,  exce]it  gas  lamps,  keep  them  at  all 


lx‘K  VISED  ORDINANCES. 


177 


times  in  the  best  possible  condition,  and  perform  such  other 
duties  in  relation  to  the  same  as  the  Mayor  or  Committee  on 
Street  Lighting’  shall,  from  time  to  time,  require  of  him. 

517.  § 2.  The  Superintendent  of  Street  Lighting  shall,  with 

the  approval  of  the  Mayor  and  Committee  on  Street  Lighting, 
employ,  from  time  to  time,  such  assistarits  not  exceeding  three  in 
number,  as  may  be  necessary  to  assist  in  lighting  said  lamps,  said 
assistants  to  receive  not  exceeding  ten  dollars  per  month. 


CHAPTER  XIII. 


SEALER  OF  WEIGHTS  AND  MEASURES. 


Section. 

1.  Appointment  of. 

2.  Shall  give  bond.  * 

8.  Shall  keep  office  — isBue  certificateB, 
etc. 


Section. 

4.  Shall  test  weights,  etc.,  on  request. 

5.  May  condemn  weights,  etc. 

6.  Fees  for  sealing,  etc. 

7.  Penalty  for  obstructing,  etc. 


518.  § 1.  There  shall  be  appointed  annually  by  the  Mayor, 
with  the  advice  and  consent  of  the  City  Council,  a Sealer  of 
Weights  and  Measures. 

519.  § 2.  Such  person  so  appointed  shall  give  bond  to  the 
city  in  the  penal  sum  of  $500,  with  good  and  sufficient  security, 
to  be  approved  by  the  City  Council,  conditioned  for  the  faithful 
performance  of  the  duties  of  his  office. 

520.  § 3.  It  shall  be  the  duty  of  the  Sealer  of  Weights  and 
Measures  to  keep  an  office  within  the  city,  and  to  designate  by 
card,  or  in  some  public  manner,  the  days  in  each  week,  and  the 
hours  of  the  day,  when  he  may  be  found  in  his  office.  He  shall 
once  in  each  year,  between  the  first  day  of  May  and  the  first  day 
of  October,  inspect  in  the  place  where  they  are  situate,  and  test 
the  accuracy  of  all  weights,  measures,  balances,  scales,  beams  and 
all  other  instruments  or  things,  used  for  measuring  or  weighing 
any  article  for  sale  within  the  city,  and  stamp  with  a suitable 
stamp  or  seal,  all  such  scales,  weights,  measures,  instruments  or 
things  which  he  may  find  to  be  correct,  and  deliver  to  the  owner 
thereof  certificates  of  their  accuracy.  The  stamps  or  seals  used 
by  him  shall  indicate  the  date  of  the  inspection  made  by  him,  and 
that  the  measure,  scale  or  instrument  on  which  it  is  placed  is  cor- 
rect. Said  Sealer  shall  on  request  inspect  all  city  scales  without 
charge. 

521.  § 4.  It  shall  be  the  duty  of  said  Sealer,  whenever  com- 
plaint is  made  to  him  by  any  person  interested,  or  whenever  he 

12 


178 


REVISED  ORDINANCES. 


may  have  reason  to  believe,  that  any  weight,  measure  scale,  bal- 
ance or  other  instrument,  used  in  measuring  or  weighing  in  said 
city  is  incorrect,  or  whenever  thereto  requested  by  the  owner  of, 
or  person  using,  any  such,  to  inspect  and  test  the  same,  without 
regard  to  the  date  of  any  previous  inspection. 

522.  § 5.  If,  upon  examination,  said  Sealer  shall  find  any 
weight,  measure,  balance,  beam  or  other  instrument  or  thing  to 
be  incorrect  or  untrue,  he  shall  condemn  the  same  and  forthwith 
notify  the  owner  or  user  thereof;  and  the  use  of  any  weight, 
measures,  balance,  scale  or  other  instrument  or  thing  so  con- 
demned, is  hereby  prohibited  until  the  same  shall  have  been  cor- 
rected and  sealed  by  the  Sealer,  under  a penalty  of  not  less  than 
five  dollars  nor  more  than  ten  dollars  for  each  offense. 

523.  § 6.  The  said  Sealer  of  Weights  and  Measures  may 
charge  and  be  entitled  to  receive  for  his  services,  in  addition  to 
his  salary  the  following  fees;  For  sealing  and  marking  every 
beam,  ten  cents  ; for  sealing  and  marking  measures  of  extension 
at  the  rate  of  ten  cents  per  yard,  and  not  to  exceed  fifty  cents  for 
any  one  measure  ; for  sealing  and  marking  every  weight,  five 
cents;  for  sealing  and  marking  liquid  or  dry  measures,  if  the  same 
be  of  the  capacity  of  one  gallon  or  more,  ten  cents,  or  less  than  a 
gallon,  five  cents.  He  shall  also  be  entitled  to  charge  and  receive 
a reasonable  compensation  for  making  such  weights  and  measures 
conform  to  the  legal  standard  ; which  fees  shall  be  paid  by  the 
owner  or  user  of  such  weight,  measure,  scale  or  instrument,  in  all 
cases  where  such  weight,  measure,  scale  or  instrument  shall  be 
found  inaccurate;  and  in  all  cases  where  the  examination  shall  be 
made  by  request  and  no  inaccuracy  be  found,  the  fee  shall  be 
paid  by  the  parties  making  the  request : Provided^  however^  that 
for  making  the  annual  inspection  herein  provided  for,  he  shall 
receive  no  fees. 

524.  § 7.  Said  Sealer  shall  during  business  hours  have  access 
to  all  rooms  or  places  where  any  scales,  weights,  or  measures  used 
for  weighing  or  measuring  ai-e  kept ; and  any  person  refusing 
upon  demand  to  exhibit  to  said  Sealer  any  and  all  weights,  meas- 
ures, scales,  beams,  balances  or  other  instruments  or  things  used 
or  owned  by  him,  or  who  shall  in  any  manner  hinder  or  delay 
said  Sealer  in  the  performance  of  any  of  his  duties  herein  pre- 
scribed, shall  be  liable  to  a penalty  of  not  less  than  ten  dollars 
nor  more  than  one  hundred  dollars. 


REVISED  ORDINANCES. 


179 


CHAPTER  XIV. 

INSPECTOR  OF  MINERAL  OILS. 

S€^CtzOTh» 

1.  Appointment  of.  3_  Compensation  of. 

2.  Shall  give  bond. 

525.  § 1.  There  shall  be  appointed  by  the  Mayor,  with  the 
advice  and  consent  of  the  City  Council,  an  Inspector  of  Mineral 
Oils,  who  shall  hold  his  office  for  the  term  of  one  year. 

526.  § 2.  Such  Inspector  shall  give  bond  to  the  city,  with 
good  and  sufficient  security  to  be  approved  by  the  Council,  in  the 
penal  sum  of  $500,  conditioned  for  the  faithful  performance  of  his 
duties  as  such  officer. 

527.  § 3.  He  shall  receive  for  compensation  ten  cents  for 
inspecting  and  branding  each  barrel,  cask  or  package,  to  be  paid 
by  the  party  requiring  such  inspection. 


CHAPTER  XV. 

POUND  MASTER. 

Section. 

1.  Creating  office  of. 

2.  Shall  give  bond,  etc. 

528.  § 1.  That  the  office  of  Pound  Master  in  and  for  the  city 
is  hereby  created,  which  office  shall  be  filled  by  appointment  of 
the  Mayor  with  the  advice  and  consent  of  the  City  Council. 

529.  § 2.  Such  Pound  Master  shall  hold  his  office  for  the 
term  of  one  year,  and  before  entering  upon  the  duties  thereof  he 
shall  give  bond  to  the  city  in  the  penal  sum  of  $100,  with  suffi- 
cient security,  to  be  approved  by  the  Council,  conditioned  for  the 
faithful  performance  of  his  duties  as  such. 

530.  § 3.  The  duties  and  compensation  of  such  Pound  Mas- 
ter shall  be  as  described  in  the  chapter  entitled  “Animals,”  of 
this  ordinance. 


Section. 

3.  Duties — compeusation  of. 


180 


REVISED  OR  D I X A N C-  E S . 


CHAPTER  XVI. 

POORMASTER. 

Section.  i Section. 

1.  Shall  have  charge  of  paupers.  j 3 Shall  notify  City  Physician;  employ 

2.  Shall  exercise  powers,  etc.,  of  Town  i additional  counsel,  etc. 

Overseer,  etc.  ' 

531.  § 1.  The  Poormaster  shall  have  sole  care  and  oversight 
of  all  paupers  in  the  city  and  town  embraced  within  the  limits  of 
the  city  of  Galesburg. 

532.  § 2.  The  Poormaster  shall  exercise  the  powers  and 
duties  of  a Town  Overseer  of  the  Poor  as  prescribed  by  the  statute 
concerning  paupers,  and  in  addition  thereto  shall  assist,  at  the 
expense  of  the  city,  under  such  restrictions  as  the  Council  may 
make,  from  time  to  time,  by  resolution,  only  such  persons  as  he 
deems  it  unadvisable  to  send  to  the  county  poor-house,  and  who, 
in  his  judgment,  are  not  properly  a county  charge. 

533.  § 3.  It  shall  be  the  duty  of  the  Poormaster,  in  all  cases 
where  medical  or  surgical  aid  shall  be  required  by  persons  enti- 
tled to  receive  such  aid  at  the  expense  of  the  city  or  county,  to 
notify  the  City  Physician.  In  cases  where  the  City  Physician 
cannot  be  had,  or  when,  in  the  judgment  of  the  Poormaster,  addi- 
tional counsel  or  other  assistance  is  necessary,  he  shall  have  power 
to  call  on  any  other  physician  to  render  the  requisite  aid,  and  such 
physician  so  called,  shall  be  entitled  to  reasonable  compensation 
to  be  paid  by  the  city  in  cases  properly  chargeable  to  the  city ; 
and  the  city  shall  not  be  held  liable  for  any  medical  aid  rendered 
any  person,  unless  the  aid  is  rendered  by  the  direction  of  the 
Poormaster ; except  in  cases  where  the  aid  was  necessarily  ren- 
dered before  notice  could  be  given  to  the  Poormaster. 


REVISED  ORDINANCES. 


181 


CHAPTER  XVII. 


POLICE  DEPARTMENT. 


Section. 

1.  How  coustitutecl. 

'i.  Appointmeut  and  removal  of  police- 
men. 

3.  Appointmeut  of  special  policemen. 

4.  Mayor  to  have  supervision  of  police. 

5.  Duties  of  City  Marshal. 

6.  Marshal  custodian  of  property  for  use 

of  department,  etc. 

7.  Appointment  without  pay  of  special 

police  for  corporations,  etc. 

8.  Powers  of  the  police. 

9.  Person  arrested  in  night-time  or  Sun- 

day may  give  l)ail  to  officer— form  of 
bond. 


Section. 

10.  City  Marshal,  with  consent  of  Mayor, 

shall  establish  rules,  etc. 

11.  Penalty  for  officers  violating  this  chap- 

ter. 

12.  Officers  may  call  on  inhabitants  to 

assist,  etc. 

13.  Party  arrested  may  give  recognizance. 

14.  City  prison. 

15.  Marshal  to  have  charge  of  prison. 

16.  Marshal  to  keep  record  of  prisoners. 

17.  Prison  fee. 

18.  Conservators  of  the  peace. 

19.  Judgment  of  commitment. 


534.  § 1.  There  sliall  be,  and  hereby  is  established,  a Police 
Department,  to  consist  of  the  Mayor,  City  Marshal,  and  such 
policemen  as  are  now  or  may  hereafter  be  appointed. 

535.  § 2.  The  Mayor,  by  and  with  the  approval  of  the  Coun- 
cil, shall  appoint  a City  Marshal  and  not  to  exceed  six  policemen, 
who  may  be  removed  by  him  at  any  time  for  cause,  or  by  the  City 
Council  at  any  time  without  cause  ; and  such  Marshal  and  police- 
men shall  constitute  the  regular  police  of  the  city.  In  case  any 
such  removal  be  made  by  the  Mayor,  he  shall  report  the  same, 
with  his  reasons  therefor,  to  the  Council  at  its  next  meeting  ; and 
unless  the  Coimcil  approve  the  action  of  the  Mayor,  such  police- 
man shall  thereupon  be  reinstated,  but  shall  receive  no  pay  for 
the  time  durino;  which  he  has  been  so  removed. 

536.  § 3.  The  Mayor  may  also  appoint,  in  case  of  an  emer- 
gency, such  number  of  special  policemen  as  in  his  judgment  the 
public  good  may  re<{uire,  and  such  special  policemen  shall,  when 
on  duty,  possess  the  same  authority  and  powers  as  regular  police- 
men ; but  such  special  policemen  shall  not  remain  on  duty  for  a 
longer  jieriod  than  the  day  of  the  next  meeting  of  the  City  Coun- 
cil, unless  the  term  be  extended  by  the  Council  at  such  meeting. 

537.  ^ 4.  The  Mayor  shall  have  the  general  supervision  and 
control  of  the  police,  and  shall,  from  time  to  time,  make  such 
regulations  touching  their  duties  under  the  ordinances  as  to  him 
shall  seem  best  for  the  maintenance  of  order,  and  for  the  due  ob- 
servance of  the  ordinances  of  the  city.  He  shall  require  of  the 
police  a strict  performance  of  their  duties,  and  in  case  of  neglect 
or  refusal  of  any  policeman  to  perform  his  duty,  or  in  case  of 
drunken  or  riotous  or  other  improper  conduct  on  the  part  of  any 


182 


It  E V I S E D O K D I N A N ( ' E S . 


})oliceinan,  it  shall  be  his  duty  to  forthwith  remove  such  police- 
man and  appoint  a substitute,  if  necessary,  which  substitute  shall 
be  invested  with  all  the  powers  and  authority  of  a regular  police- 
man, and  receive  therefor  the  same  compensation  until  the  next 
meeting  of  the  City  Council. 

538.  § 5.  The  City  Marshal  shall  be  the  chief  of  the  city 
police,  subordinate  only  to  the  Mayor,  or  Council  when  in  ses- 
sion. It  shall  be  his  duty  to  collect  all  dues  owing  to  the  city, 
not  within  the  province  of  the  Treasurer  or  Superintendent  of 
Streets  to  collect ; he  shall  see  that  the  sidewalks,  streets,  alleys 
and  other  avenues  of  the  city  are  kept  free  from  rubbish,  boxes 
and  other  impediments,  and  that  all  ordinances  are  strictly  ob- 
serveel,  and  that  all  policemen  properly  perform  their  duties.  It 
shall  also  be  his  dutv,  at  the  hrst  meetino;  of  the  Council  each 
month,  to  report  the  number  of  days  and  nights  each  police- 
man has  been  on  service  the  previous  month,  and  shall  report 
all  arrests  made  during  the  month,  the  names  of  the  parties 
arrested,  upon  what  charge,  whether  tried,  and  if  so,  before 
whom  ; whether  fined,  and  if  so,  how  much  ; whether  paid  in 
whole  or  part,  how  much,  and  in  what  manner  ; if  the  party  was 
committed  to  prison,  when,  and  by  whom  -discharged;  which 
report  shall  be  verified  by  his  oath. 

53‘J.  sj  6.  The  City  Marshal  shall  be  the  custodian  of  all 
property  provided  by  the  city  for  the  use  of  the  police  depart- 
ment, and  shall  issue  and  receive  the  same  as  the  City  Council 
mav  direct.  He  shall  also  be  the  custodian  of  all  stolen  o-oods  or 

%j  O 

other  property  received  and  retained  under  police  authority.  He 
shall  provide,  at  the  expense  of  the  city,  stars  for  the  regular 
police,  numbered  and  inscribed,  “Police,  City  of  Galesburg;” 
likewise,  stars  for  all  special  policemen,  similar  to  those  worn  by 
the  regular  members  of  the  force,  each  of  which  shall  be  num- 
bered and  engraved  thereon  the  words,  “ Special  Police,  Gales- 
burg,” and  each  special  policeman  and  policeman  on  the  regular 
force,  when  assuming  his  office  and  property  of  the  city  connected 
with  said  office,  shall  be  charged  therewith  on  the  books  of  the 
department,  and  when  he  is  called  upon  to  surrender  the  same 
office,  he  shall  return  each  and  every  article  he  has  been  so 
charged  with,  and  in  the  event,  all  or  any  of  such  articles  are  not 
returned  to  the  City  Marshal,  the  value  of  such  articles  not  re- 
turned shall  be  deducted  from  any  money  which  may  be  due  him 
from  the  city. 

54:0.  § 7.  The  Mayor  and  City  Council  may,  on  application 

being  made  to  them,  appoint  any  suitable  person  in  the  employ 
of  any  corporation,  association,  individual  or  firm,  a special 
policeman,  in  and  for  the  city.  Such  special  policemen  shall  have 


REVISED  O R D I X A X C E S . 


183 


all  the  qualifications  required  in  the  case  of  regular  policemen. 
They  shall  take  and  subscribe  the  same  oath  and  exercise  the 
same  powers,  and  be  subject  to  the  rules  and  regulations  of  the 
police  department,  so  far  as  the  same  may  be  applicable  to  them: 
Provided^  ho(i^eo(^i\  that  such  special  policemen  shall  not  be  paid 
anything  by  the  city  for  their  services  as  policemen,  unless  called 
upon  by  the  Mayor  to  assist  the  regular  force,  when,  in  such  case, 
they  may  be  paid  not  to  exceed  the  amount  per  day  paid  for  like 
services  performed  by  other  special  policemen.  Any  special 
policeman  so  appointed  shall  not  perform  any  official  duty  with- 
out his  star  as  provided  in  this  section. 

odl.  § 8.  All  members  of  the  police  department  and  all  con- 
stables of  the  city  shall  have  power  and  authority,  without  war- 
rant, to  enter,  demand  for  admission  having  first  been  made,  any 
building  whatever,  except  a dwelling  house,  where  such  officer 
shall  see  a violation  of  any  ordinance  being  carried  on,  and  not 
otherwise.  And  any  dwelling  house,  in  case  they  have  just  cause 
to  suspect  that  any  felony  has  been,  is  being,  or  is  about  to  be 
committed,  and  to  (uiter  any  building  with  warrant  for  felony 
or  violation  of  any  city  ordinance,  demand  for  admission  having- 
first  been  made;  and  the  officers  making  the  arrdlst  shall  forthwith 
take  the  arrested  person  or  persons  before  a Magistrate  to  be 
dealt  with  according  to  law  and  the  ordinances  of  the  city:  Pro- 
mded^  if  such  arrest  be  made  in  the  night  time  or  on  Sunday,  the 
officer  or  officers  making  the  arrest  may  commit  such  person  or 
persons  so  arrested  for  examination  to  the  city  prison  or  cala- 
boose, and  there  detain  him  or  them  over  night  or  Sunday, 
until  an  examination  can  be  had  before  some  proper  magistrate; 
which  examination  shall  l)e  had  at  the  earliest  practicable  oppor- 
tunity, unless  bail  be  given  as  provided  in  this  chapter,  and  any 
of  said  arrests  may  lx;  made  on  Sunday  as  well  as  upon  any  other 
day. 

542.  ^ 0.  Any  person  arrested  without  warrant  in  the  night- 

time, or  on  Sunday  for  any  offense  against  the  city  ordinances, 
shall  have  the  right  to  release  himself  from  custody  by  giving- 
bail  to  the  officer,  with  one  or  more  good  and  sufficient  sureties, 
to  be  approved  by  the  officer  takiiig  the  bond,  in  a sum  not  less 
than  twenty-five  nor  more  than  four  hundred  dollars,  for  his 
appearance  before  the  proper  magistrate  at  any  time  to  be  named 
in  said  recognizance,  which  shall  be  as  early  as , practicable,  to 
answer  for  the  offense  for  which  he  was  arrested,  which  recogni- 
zance shall  be  in  substance  as  follows: 

We,  A.  B.  and  C.  D.  hereby  acknowledge  ourselves  jointly  and 
severally  bound  unto  the  City  of  Galesburg  in  the  penal  sum  of 
dollars,  for  the  payment  of  which  sum  well  and 


184 


REVISED  ORDINANCES. 


truly  to  be  made,  we  Idiid  ourselves,  our  heirs,  executors  and 
administrators:  Provided^  that  if  the  said  A.  B.  shall 

appear  before magistrate  at ...  o’clock  ..  m.,  on  the 

. . . .day  of A.  D.,  188.  .,  and  pay  whatever  judgment  may, 

by  said  magistrate,  be  rendered  against  him  for  (naming  the 
oh’ense)  for  which  he  is  now  in  custody,  or  render  his  body  in 
obedience  to  said  judgment,  then  this  obligation  to  be  void;  other- 
wise to  remain  in  full  force  and  effect. 

[seal.] 

[seal.] 

Said  recognizance  shall  be  returned  by  the  officer  taking  it  and 
at  the  time  named  therein,  or  as  soon  thereafter  as  may  reason- 
ably be  done,  the  magistrate  may  try  the  cause,  whether  the  per- 
son arrested  be  present  or  not.  If  he  be  not  present,  and  the  fine 
not  paid  immediately,  or  the  defendant  delivered  into  custody, 
the  recognizance  shall  be  forfeited:  Promded^  that  if  the  trial  be 
not  at  the  time  named  in  the  recognizance,  the  defendants  shall 
have  notice  thereof. 

543.  § 10.  The  City  Marshal,  with  the  consent  of  the  Mayor, 
shall  establish  rules  and  regulations  for  the  government  of  the 
police,  a copy  of  which  rules  shall  be  kept  at  the  police  station; 
and  it  shall  be  the  duty  of  the  police  to  make  themselves  familiar 
with  such  rules  at  once,  after  entering  upon  their  official  duties, 
and  they  shall,  in  all  respects,  be  bound  to  abide  by  and  follow 
them. 

544.  § 11.  Any  person  now  holding  or  appointed  to  any  office 
under  the  provisions  of  this  chapter,  who  shall  willfull}'^  violate 
any  ordinance  or  rules  for  the  government  of  the  police,  or  be 
negligent  or  careless  in  the  performance  of  his  duties,  shall,  on 
conviction,  be  fined  not  less  than  five  nor  more  than  fiftv  dollars. 

545.  § 12.  The  Mayor,  Marshal  and  every  police  officer  shall 
have  power  to  call  upon  any  inhabitant  of  the  city  to  assist  in 
quelling  any  riotous  or  disorderly  conduct,  or  to  aid  in  the  arrest 
and  safe  keeping  of  any  person  accused  of  crime,  or  breach  of 
law  or  ordinance ; and  any  one  so  called  who  shall  neglect  or 
refuse  to  give  such  aid  or  assistance,  shall  be  subject  to  a fine 
of  not  more  than  fifty  dollars. 

546.  § 13.  In  all  cases  of  arrest  under  any  ordinance  of  this 
city,  the  magistrate  may  permit  the  party  arrested  to  go  on  recog- 
nizance, with  sufficient  security  entered  and  signed  on  his  docket, 
to  such  time  as  may  be  set  for  trial  or  an  adjustment ; and  if  the 
principal  in  said  recognizance  shall  fail  to  appear  before  said 
magistrate  at  the  time  named  in  said  recognizance  for  his  appear- 
ance, said  recognizance  shall  be,  by  said  magistrate,  declared  for- 
feited. 


liEVISED  ORDINANCES. 


185 


547.  § 14.  The  Ixiilding  erected  by  tlie  city  on  lots  num- 
bered one  and  two,  in  block  number  eighteen,  on  the  west  side  of 
Cherry  street  in  the  city  of  Galesburg,  shall  be  and  the  same  is 
hereby  designated  as  the  city  calaboose  or  prison,  in  which  shall 
be  confined  all  such  offenders  as  shall  fail  or  refuse  to  pay  any 
fines  or  forfeitures  rendered  against  them  or  shall  fail  or  refuse  to 
give  bail  when  arrested,  to  answer  for  any  violation  of  any  ordi- 
nance of  the  city,  or  shall  be  subject  to  imprisonment  under  any 
ordinance  of  the  city. 

548.  § 15.  The  Marshal  of  said  city  shall  have  charge  and  be 
the  keeper  of  said  prison,  and  with  the  consent  of  the  Council, 
and  not  otherwise,  he  may  appoint  a deputy  or  substitute  for  the 
keeping  thereof.  He  shall  be  responsible  for  the  acts  or  omis- 
sions of  his  said  deputy,  as  though  the  acts  or  omissions  were  by 
himself.  Said  deputy  or  substitute  shall  also  be  responsible  for 
his  own  acts  or  omissions,  as  though  he  were  principal:  Promded^ 
that  nothing  in  this  section  or  any  other  ordinance  contained, 
shall  prevent  the  Council  from  removing  any  stich  deputy  or  sub- 
stitute at  pleasure,  and  appointing  another  in  his  stead. 

549.  § 16.  It  shall  be  the  duty  of  such  keejier  to  receive  into 
said  prison  all  persons  committed  to  the  same  by  any  Police 
Magistrate,  Justice  of  the  Peace,  or  any  person,  by  the  statutes 
of  this  State,  or  hereafter  made  a conservator  of  the  peace,  who 
shall  be  charged  with  or  convicted  of  the  violation  of  any  ordi- 
nance of  the  city,  or  any  breach  of  the  peace.  He  shall  keep  a 
register  in  which  he  shall  enter  the  names  of  all  persons  com- 
mitted, the  time  when  and  for  what  time  and  for  what  offense 
committed,  when  and  by  what  authority  discharged,  and  such 
other  facts  as  he  may  deem  necessary ; which  book  shall  be  care- 
fully kept  and  at  all  times  open  to  the  inspection  of  the  City 
Council,  or  any  member  thereof. 

550.  § 17.  In  all  cases  of  commitment  the  prison-keeper  shall 
be  entitled  to  a fee  of  25  cents  for  receiving  and  discharging  the 
prisoner,  to  be  taxed  with  the  costs  against  the  defendant,  and 
collected  as  other  fees  are  collected. 

551.  § 18.  The  Mayor,  Aldermen,  Marshal  and  regular  and 
s})ecial  policemen  shall  be  conservators  of  the  peace  ; as  such 
they  shall  have  power  to  arrest,  or  cause  to  be  arrested  with  or 
without  process,  all  persons  who  shall  break  the  peace  or  be 
found  violating  any  ordinance  of  the  city,  or  any  criminal  law  of 
the  State.  The  Marshal  or  any  regular  or  special  policemen  shall 
have  power,  and  it  shall  be  their  duty,  to  serve  any  warrant  issued 
for  any  violation  of  the  ordinances  of  this  city. 

552.  § 19.  It  shall  be  the  duty  of  the  court  or  magistrate 
before  whom  any  person  shall  be  convicted  of  a violation  of  any 


186 


K £ V I S E 1)  O li  D I N A N C E S . 


city  ordinance,  or  any  part  thereof,  to  order  as  a part  of  the  judg- 
rnent  ol  said  conviction,  that  said  person  so  convicted  be  com- 
mitted to  the  calaboose  or  city  prison  until  the  fine,  penalty  and 
costs  imposed  upon  said  person  be  fully  paid  j and  every  person 
so  committed  shall  be  required  to  work  at  such  labor  as  his 
strength  will  permit,  within  and  without  said  calaboose  or  city 
prison,  not  to  exceed  ten  hours  each  working  day,  and  for  such 
work  tlie  person  so  employed  or  worked  shall  be  allowed  on  said 
fine,  penalty  and  costs,  exclusive  of  his  board,  the  sum  of  fifty 
cents  for  each  day’s  work. 


CHAPTER  XVIll. 


FIKE  DEPARTMETsT. 


Section. 

1.  Establipbiiig  tire  de))artmeut  aucl  uain- 

iug  ufficerH  thereof^ 

2.  Power  of  control  iu  cat-e  of  lire. 

3.  Prohibiting  interference,  etc. 

4.  Misconduct  of  members  of  department 

— penalty  for. 

5.  Chief  may  appoint  assistants. 


Section. 

6.  Care  of  i)it)perty  of  department,  etc. 

7.  Duties  of  members  of  department. 

8.  May  command  assistance,  etc. 

9.  Power  to  inspect  houses,  etc. 

10.  Manner  of  abating— penalty,  etc. 

11.  Officers  shall  wear  badges. 


553.  1.  There  shall  be  a fire  department  which  shall  con- 
sist of  a chief  enoineer  and  such  assistants  and  firemen  as  shall 
from  time  to  time  be  determined  upon  by  the  City  Council  by 
resolution.  The  chief  eng'ineer  and  assistants  shall  be  appointed 
by  the  Mayor  and  approved  by  the  City  Council,  and  shall  hold 
their  offices  for  the  time  specified  in  the  order  of  their  ap|ioint- 
ment,  but  may  be  removed  by  the  Mayor  at  any  time  for  cause  ; 
and  the  firemen  shall  be  employed  from  time  to  time  b}"  the  chief 
engineer  with  the  approval  of  the  Mayor.  The  compensation  of 
the  chief  engineer  shall  be  at  the  rate  of  two  hundred  and  fifty  dol- 
lars ])er  annum,  and  the  compensation  of  the  assistants  and  fire- 
men shall  be  fixed  by  resolution  of  the  Council  from  time  to  time. 
The  Mayor  shall,  from  time  to  time,  designate  the  person  upon 
whom  the  temporary  performance  of  the  duties  of  chief  engineer 
shall  fall  in  case  of  the  absence  or  disability  of  the  chief  engineer, 
and  the  chief  engineer  shall  designate  the  proper  persons  for  the 
performance  of  specific  duties. 

554.  § 2.  The  chief  engineer,,  or,  in  his  absence,  the  assistant 
first  arriving,  shall  in  all  cases  of  fire,  have  sole  and  absolute  con- 
trol over  all  the  members  of  the  fire  department,  the  apparatus 


REVISED  ORDINANCES. 


187 


and  machinery  tlicrcol’,  and  in  the  alisence  ol’  said  engineers  the 
same  powers  and  authority  sliall  be  devolved  upon  the  Mayor  of 
said  city  or  any  Alderman  thereof. 

555.  § o.  Any  person  who  shall  hinder  or  interfere  with  any 
city  officer  or  member  of  the  fire  department  in  the  performance 
of  his  duty,  at,  going  to,  or  returning  from  any  fire,  or  while 
engaged  about  any  duty  ; or  any  person  who  shall  knowingly 
drive  any  wagon,  dray  or  other  vehicle  on  the  hose,  or  shall  in 
any  manner  cut,  deface,  destroy,  or  injure  any  engine,  hose  or 
other  apparatus,  machinery  or  thing  belonging  to  said  city,  or  any 
portion  of  said  fire  company  or  department,  shall  be  subject  to  a 
penalty  of  not  less  than  three  nor  more  than  one  hundi’ed  dollars 
for  each  offense,  and  be  liable  for  all  damages  done  said  property 
thereby. 

556.  § 4.  Any  member  of  said  fire  department  who  shall  fail 
or  refuse  to  discharge  his  duty  under  this  or  any  or  any  other  ordi- 
nance of  the  city,  or  who  shall,  while  on  duty,  act  in  a disorderly 
or  unbecoming  mannei',  or  who  shall  fail  or  refuse  to  obey  the 
orders  of  any  superior  officer  of  said  department  shall  be  subject 
to  a penalty  not  exceeding  ten  dollars. 

557.  § 5.  The  chief  engineer,  or  in  his  absence  his  assistants, 
in  cases  of  emergency,  may  appoint  any  number  of  assistants  for 
the  time  being,  who  shall  have  all  the  power  and  authority  of  said 
chief  or  assistant  engineers ; and  all  persons  who  shall  repair  to  a 
fire  shall  be  obedient  to  the  orders  of  said  chief  or  other  enofi- 
neers,  the  Mayor  or  Alderman,  Marshal  or  policemen  in  the  dis- 
charge of  their  respective  duties;  and  in  case  any  jierson  shall  fail 
or  refuse  to  perform  such  orders,  shall  be  subject  to  a penalty 
not  less  than  three  dollars  at  the  suit  of  the  city, 

558.  § 6,  The  chief  engineer,  or  such  assistant  as  shall  be 
named  by  the  Council,  shall  take  charge  of  all  engines,  ladders, 
fire-hooks,  and  other  fire  apparatus  belonging  to  said  city,  and 
see  that  the  same  are  kept  in  proper  order  and  condition,  and  in 
their  places  of  deposit,  which  shall  be  the  engine  houses  of  the 
city,  when  not  in  actual  use  or  undergoing  rejiairs  ; and  upon  fail- 
ure to  keep  the  same  in  proper  order,  condition  and  place,  he 
shall  be  subject  to  a penalty  not  exceeding  fifty  dollars,  and  pay  to 
the  city  all  damages  occasioned  thereby.  If  any  person  shall  take 
from  said  places  of  deposit  any  such  apparatus,  except  under  the 
direction  of  the  chief  engineer,  or  on  the  alarm  of  fire,  he  shall 
be  subject  to  a jienalty  of  five  dollars  for  each  and  every  offense, 
and  five  dollars  for  every  twenty-foui‘  hours  he  shall  neglect  to 
return  the  same  to  its  proper  place  of  deposit,  after  being  notified 
by  the  chief  engineer  or  his  assistants  so  to  do, 

559.  § 7.  The  chief  engineer  and  his  assistants  shall,  upon 


188 


KEVISED  OEDINANCES. 


notice  of  the  breaking  out  of  any  fire  in  said  city,  repair  imme- 
diately to  the  place  thereof,  vigorously  exert  their  authority  and 
use  their  best  endeavor  to  extinguish  the  same,  and  prevent  the 
spreading  thereof,  and  preserve  and  protect  the  property  endan- 
gered by  the  same. 

560.  § 8.  During  the  continuance  of  any  fire  the  chief 

engineer  and  his  assistants  are  hereby  empowered  to  command 
and  require  the  services  and  assistance  of  any  person  for  extin- 
guishing the  same,  for  removing  household  furniture,  goods, 
wares  and  merchandise  endangered  by  the  fire,  except  when  for- 
bidden by  the  owner  or  person  in  charge  of  the  goods,  to  con- 
trol and  direct  operations  of  persons  concerned  in  extinguish- 
ing the  fire  or  removing  property,  as  aforesaid,  and  to  appoint 
proper  guards  to  take  care  of  all  property  so  removed ; and  also, 
with  the  advice  of  the  Mayor  and  two  Aldermen,  to  command  and 
require  the  services  and  assistance  of  any  person  for  the  pulling 
down  or  blowing  up  of  any  house  or  other  building,  and  to  per- 
form any  other  service  for  the  purpose  of  extinguishing  the  fire 
and  prevent  the  spreading  thereof,  and  also  to  suppress  any 
tumult  or  disorder  that  may  arise  during  the  continuance  thereof. 

561.  § 9.  The  Mayor,  chief  engineer  or  any  Alderman  of  said 
city  shall  have  power  to  inspect  all  stoves,  fire  places,  and  other 
places  in  which  fire  may  be  kept  in  said  city,  and  all  stove  pipes, 
chimneys,  funnels,  or  other  apparatus  therewith  connected,  for 
the  purpose  of  ascertaining  whether  the  same  are  so  fixed  as  not 
to  endanger  the  building  in  which^the  same  may  be,  or  to  which 
the  same  may  be  attached,  or  to  endanger  any  other  building  in 
the  city;  notify  the  occupants  to  make  all  necessary  repairs,  and 
see  that  the  same  are  done  within  a reasonable  time  ; and  any  such 
inspection  shall  be  made  on  the  request  of  any  citizen  at  any  time 
for  the  purpose  of  ascertaining  the  safety  thereof. 

562.  § 10.  Whenever,  in  the  opinion  of  the  Mayor,  chief  en- 

gineer, or  of  any  Alderman,  any  stove,  fire  place,  or  other  appur- 
tenance for  the  conducting  of  smoke  or  heat  from  any  such  place, 
is  in  such  a state  as  to  render  the  keeping  of  fire  therein  unsafe, 
he  is  required  to  order  the  occupant  of  the  building  in  which 
the  same  may  be,  or  with  which  the  same  may  be  connected,  to 
discontinue  the  fire  therein,  and  make  all  necessary  and  proper 
repairs  to  render  the  keeping  therein  of  fire  safe  in  the  opinion  of 
said  Mayor,  chief  engineer  or  Alderman  inspecting  the  same,  and 
if  any  person  shall  make  a fire  therein  and  neglect  to  make  such 
necessary  repairs,  after  being  ordered  so  to  do  as  aforesaid,  the 
occupant  of  any  such  building  shall  be  subject  to  a penalty  of 
ten  dollars  for  every  twenty-four  hours  the  same  niay  remain 
without  such  repairs  being  made,  and  used  as  aforesaid : Pro- 


REVISED  ORDINANCES. 


189 


vided^  however^  that  any  person  feeling  himself  aggrieved  by  the 
order  or  decision  of  the  Mayor,  chief  engineer  or  Alderman,  as  the 
case  may  be,  may  appeal  therefrom  to  the  City  Council  at  the 
first  meeting  thereof  after  notice  aforesaid;  but  in  all  cases  the 
order  of  said  Mayor,  chief  engineer  or  Alderman  to  discontinue 
the  making  of  fire  therein,  shall  be  complied  with  until  the  final 
decision  of  the  City  Council  on  such  appeal. 

563.  § 11-  It  shall  be  the  duty  of  the  chief  engineer  and  his 

assistants  to  wear  badges  of  their  office  at  all  fires,  which  badges 
shall  show  the  name  of  the  office  held  by  the  bearer. 


CHAPTER  XIX. 


BOARD  OP  HEALTH. 


Section. 

1.  Creating  Board  of  Health. 

2.  Appointment  of,  etc. 

.3.  Mayor  ex-officio,  President  of. 

4.  Council  may  prescribe  duties  of. 

5.  Commissioner  of  Health  to  have  gen- 

eral supervision  of  sanitary  condi- 
tion of  city. 

6.  May  enter  buildings,  etc. 

7.  May  abate  nuisance— method  of. 

8.  Shall  guard  against  contagious  dis- 

eases. 

9.  Shall  visit  cases  of  infectious  diseases 

—may  remove  to  pest  house,  etc. 

10.  May  compel  vaccination — penalty. 


Section. 

11.  May  order  house  cleansed  or  closed, 

etc. 

12.  May  post  placard  in  case  of  contagious 

diseases — penalty  for  defacing  or  de- 
stroying, etc. 

13.  Practicing  physicians  shall  report  con- 

tagious disease. 

14.  Board  of  Health  shall  furnish  pest 

house. 

15.  Mayor  may  suspend  action  of  Com- 

missioner. 

; 16.  Appeal  to  Board  of  Health. 

17.  Limiting  expenditures  of  Board. 

I 18.  Commissioner  to  make  report,  etc. 


564.  § 1.  The  Boaid  of  Health  shall  consist  of  the  Mayor, 
Marshal,  Overseer  of  the  Poor,  Superintendent  of  Streets,  and 
some  competent  and  reliable  physiciati  to  be  annually  appointed 
by  the  City  Council,  who  shall  be  known  as  the  Commissioner  of 
Health. 

565.  § 2.  Said  Commissioner  of  Health  shall  be  appointed 
by  the  Mayor  with  the  advice  and  consent  of  the  City  Council, 
and  shall  hold  his  office  for  one  year  from  the  first  of  April  of 
each  year,  and  until  his  successor  shall  be  duly  appointed  and 
qualified. 

566.  § 3.  The  Mayor  shall  be  ex-officio  the  President  of  said 
Board  of  Health. 

567.  § 4.  The  City  Council  may,  from  time  to  time,  prescribe 
the  duties  of  said  Board  of  Health. 

568.  § 5.  Said  Commissioner  of  Health  shall  have  and  exercise 
a general  supervision  over  the  sanitary  condition  of  the  city,  shall 
give  to  the  Mayor  and  other  city  authorities  all  such  professional 


190 


REVISED  ORDIMAXCES. 


advice  and  information  as  they  may  require  concerning  the  health 
of  the  city,  and  the  preservation  thereof,  enforce  all  the  laws  of 
this  State  and  ordinances  of  the  city  relating  to  health,  and 
promptly  abate  all  nuisances  which  may  in  any  manner  endanger 
the  health  of  the  city. 

569.  § 6.  Whenever  said  Commissioner  of  Health  shall  deem 
it  necessary  for  the  proper  discharge  of  the  duties  of  his  office  so 
to  do,  he  shall  have  the  right  at  any  time  between  the  rising  and 
setting  of  the  sun,  to  enter  into  any  dwelling  house,  store,  stable 
or  other  building,  and  cause  the  floor  or  floors  to  be  raised  in  order 
to  a thorough  examination  of  cellars,  vaults,  sinks  or  drains,  or  for 
the  purpose  of  other  sanitary  inspection  of  said  building  or  build- 
ings, such  examination  to  be  made  without  unnecessary  injury  to 
said  premises,  and  any  owner,  lessee  or  occupier  of  any  such  build- 
ing, who  shall  refuse  admission  to  such  building  when  demanded 
by  said  Commissioner  of  Health,  for  the  purpose  aforesaid,  shall  be 
subject  to  a penalty  of  not  less  than  twenty-five  dollars;  but  upon 
objection  made  to  such  action  of  the  Commissioner,  said  Commis- 
sioner shall  suspend  action  until  the  objector  can  be  heard  by  the 
Board  of  Health,  and  said  Board  of  Health  shall  have  approved  of 
such  action  of  the  Commissioner. 

570.  § 7.  Whenever  the  existence  of  an}"  nuisance  detrimental 
or  likely  to  become  detrimental  to  the  health  of  the  city,  shall 
come  to  the  knowledge  of  the  Commissioner  of  Health,  it  shall  be 
the  duty  of  said  Commissioner,  in  case  the  Board  of  Health  shall 
so  order,  to  forthwith  cause  a written  notice,  signed  b}’^  said  Com- 
missioner, to  be  served  upon  the  owner,  occupant  or  agent  of 
said  owner  or  occupant  of  the  lot,  building  or  premises  in  or  upon 
w"hich  any  such  nuisance  shall  exist,  or  the  person  who  may  be 
the  owner  or  cause  of  any  such  nuisance,  requiring  him  to  abate 
the  same  within  such  reasonable  time  as  shall  be  named  in  said 
notice,  and  if  such  owner,  occupant  or  agent  shall  neglect  to 
comply  with  the  requirements  of  such  notice  within  such  reason- 
able time  as  is  therein  named,  he  shall  be  subject  to  a penalty  of 
not  less  than  tw"o  dollars  for  each  day’s  neglect  so  to  comply,  and 
it  shall  be  the  duty  of  said  Commissioner  of  Health  to  proceed  at 
once,  after  the  expiration  of  the  time  named  in  said  notice,  to 
cause  such  nuisance  to  be  abated:  Provided^  however^  that  when- 
ever the  owner,  occupant  or  agent  of  the  owner  or  occupant  of 
any  lot,  building  or  premises  where  such  nuisance  exists,  or  the 
owner  or  cause  of  such  nuisance  is  unknown  or  cannot  be  found, 
said  Commissioner  shall  cause  the  same  to  be  abated  without 
notice,  and  in  either  case  the  expense  of  abating  the  same  shall 
be  collected  by  proper  action  in  the  name  of  the  city  from  any 
owner,  occupant,  agent  or  owner  or  cause  of  such  nuisance,  imme- 
diately if  known,  or  as  soon  as  he  may  be  discovered. 


REVISED  ORDINANCES. 


191 

571.  § 8.  It  shall  be  the  duty  of  the  Commissioner  of  Health 
to  make  at  all  times  a diligent  inquiry  as  to  the  existence  of  any 
malignant,  pestilential  or  contagious  disease,  existing  within  the 
limits  of  the  city,  or  so  near  the  city  as  to  be  likely  to  affect  the 
health  thereof,  and  upon  obtaining  knowledge  of  the  existence  of 
such  disease  he  shall  forthwith  take  measures  to  protect  the  city 
from  such  disease,  and  in  case  of  pestilence  or  epidemic  disease, 
or  of  danger  from  anticipated  or  impending  pestilence  or  epi- 
demic disease,  or  in  case  the  sanitary  conditon  of  the  city 
should  be  of  such  a character  as  to  warrant  it,  it  shall  be  the 
duty  of  said  Board  of  Health  to  take  such  measures,  and  to  do 
and  order  and  cause  to  be  done  such  acts  for  the  preservation  of 
the  public  health,  though  not  in  this  chapter  or  elsewhere,  or 
otherwise  authorized,  as  they  may  in  good  faith  deem  the  public 
safety  and  health  to  demand. 

572.  § 9.  It  shall  be  the  duty  of  said  Commissioner  of  Health 
to  visit  and  examine  if  necessary,  all  persons  sick,  or  supposed 
to  'be  sick  with  yellow  fever,  small-pox,  cholera,  scarlet-fever, 
diphtheria  or  any  infectious  or  pestilential  disease,  and  with 
the  consent  of  a majority  of  the  Board  of  Health,  exclusive  of 
said  Commissioner,  to  cause  any  such  infected  person  who  shall 
on  account  of  poverty  or  from  any  any  other  reason  have  no  place 
in  the  city  where  he  may  be  properly  cared  for  and  treated,  to 
be  removed  to  the  pest-house  hereinafter  provided,  or  to  such 
other  safe  and  proper  place  as  he  may  think  proper,  not  exceed- 
ing three  miles  from  the  city,  and  cause  such  patient  to  be  pro- 
vided with  a suitable  nurse  or  nurses  and  medical  attendance  at 
the  expense  of  such  patient  if  able  to  pay  the  same;  but  if  not, 
then  at  the  expense  of  the  city,  and  in  case  of  the  death  of  such 
patient,  said  Commissioner  shall  see  that  he  is  decently  and 
promptly  buried  at  the  expense  of  the  city,  if  the  deceased  person 
did  not  leave  sufficient  means  to  defray  the  same. 

573.  § 10.  The  Board  of  Health  may  take  such  measures 
as  it  may  from  time  to  time  deem  necessary,  to  prevent  the 
spread  of  the  small-pox,  by  issuing  an  order  in  one  or  more  city 
newspapers,  requiring  all  persons  in  the  city  or  any  part  thereof 
needing  vaccination  to  be  vaccinated  within  such  time  as  it  may 
prescribe,  and  any  person  neglecting  or  refusing  to  obey  such 
order,  shall  be  subject  to  a penalty  of  not  less  than  five  dollars ; 
Provided^  that  said  Board  shall  provide  for  the  free  vaccination 
of  such  persons  as  are  unable  to  pay  for  the  same. 

574.  § 11.  Said  Commissioner  of  Health  may  order  any  house 
or  other  building  or  any  premises  to  be  cleansed,  disinfected  or 
closed  to  visitors,  and  prevent  any  person  resorting  thereto  while 
any  person  is  there  laboring  under  any  pestilential  or  infectious 


192 


REVISED  ORDINANCES. 


disease,  and  the  owner  or  occupant  of  said  house,  building  or 
premises  shall,  upon  receiving  a written  order  of  said  Commis- 
sioner, proceed  within  a reasonable  time  named  in  said  notice, 
to  cleanse  and  disinfect  the  same  to  the  satisfaction  of  said  Com- 
missioner, and  to  close  and  keep  closed,  said  house,  building  or 
premises  to  visitors ; and  any  person  violating  the  provisions  of 
this  section  shall  be  subject  to  a penalty  of  not  less  than  five 
dollars. 

575.  § 12.  The  Commissioner  of  Health  shall  cause  a notice 
printed  in  large  letters  to  be  placed  upon  any  house  in  which  any 
person  may  be  sick  with  any  infectious,  pestilential  or  contagious 
disease,  upon  which  shall  be  written  the  name  of  such  disease;  and 
whoever  shall  deface,  alter,  mutilate,  destroy  or  tear  down  such 
notice,  without  permission  of  the  Commissioner  of  Health,  shall  be 
subject  to  a penalty  of  not  less  than  ten  dollars;  and  the  occupant 
of  any  house  upon  which  said  notice  shall  be  placed  as  aforesaid 
who  shall  know  of  the  same  being  defaced,  altered,  mutilated, 
destroyed  or  torn  down,  and  shall  not  within  twenty-four  hours 
after  first  knowing  of  the  same,  report  the  fact  to  the  Commis- 
sioner of  Health,  shall  be  subject  to  a penalty  of  not  less  than 
five  dollars. 

576.  § 13.  Every  practicing  physician  who  shall  have  a patient 
sick  with  any  pestilential,  contagious  or  epidemic  disease,  or  any 
person  having  care  of  such  patient,  in  case  there  be  no  physician 
in  attendance,  who  shall  neglect  forthwith  to  report  such  case  to 
the  Commissioner  of  Health,  shall  be  subject  to  a penalty  of  not 
less  than  ten  dollars. 

577.  § 14.  Said  Board  of  Health  shall,  whenever  it  shall 
deem  it  necessary,  with  the  approval  of  the  City  Council,  provide 
and  suitably  furnish,  in  conformity  with  the  provisions  of  section 
9 of  this  chapter,  at  the  expense  of  the  city,  a suitable  pest-house 
for  removal  thereto  of  any  person  affected  with  any  pestilential, 
contagious  or  epidemic  disease. 

578.  § 15.  The  Mayor  may  at  any  time,  upon  written  notice 
to  said  Commissioner  of  Health,  suspend  any  action,  order  or 
proceedings  of  said  Commissioner,  whereupon  said  Commissioner 
shall  discontinue  such  action,  order  or  proceedings.  The  Mayor,  . 
shall,  upon  such  suspension  at  the  request  of  said  Commissioner, 
immediately  convene  said  Board  of  Health,  when,  if  said  Board, 
by  a majority  vote  of  all  the  members  of  said  Board,  exclusive  of  . 
the  Mayor  and  Commissioner  of  Health,  approve  of  the  action  of 
the  Mayor,  such  suspension  of  the  action  of  said  Commissioner 
shall  continue  ; but  if  such  majority  shall  not  so  approve  of  the 
Mayor’s  action,  said  Commissioner  may  proceed  at  once  as  if  no 
suspension  had  taken  place. 


/ 


REVISED  ORDINANCES. 


193 


579.  § 16.  Any  person  aggrieved  by  any  order  of  the  Commis- 
sioner of  Health,  may  make  application  to  the  Mayor  to  suspend 
such  action,  and  the  Mayor  shall  have  power  to  suspend  such 
order  of  the  Commissioner  in  accordance  with,  and  under  the 
conditions  mentioned  in  section  15  of  this  chapter;  but  if  the 
Mayor  shall  refuse  to  suspend  such  action  of  said  Commissioner, 
then  such  person  so  aggrieved  may  appeal  to  the  Board  of  Health 
by  giving  notice  of  such  appeal  in  writing  to  the  City  Clerk,  who 
shall  thereupon  notify  each  member  of  said  Board  then  in  the  city, 
and  such  Board  shall  upon  such  notice  immediately  meet  and  act 
upon  such  appeal,  giving  the  appellant  the  right  to  be  heard,  and 
if  said  appeal  shall,  by  a majority  of  said  Board  be  sustained,  then 
said  order  of  said  Commissioner  shall  be  no  longer  in  force;  but 
the  same  shall  be  null  and  of  no  effect. 

580.  § 17.  No  expenditures  of  money  or  incurring  of  expense 
to  the  city  exceeding  at  any  one  time  or  for  any  one  purpose  the 
sum  of  twenty-five  dollars  shall  be  made  by  said  Commissioner  of 
Health  without  the  consent  of  the  Board  of  Health  thereto  first 
obtained. 

581.  § 18.  Said  Commissioner  of  Health  shall,  at  the  regular 
meeting  of  the  City  Council  in  the  months  of  May,  August,  No- 
vember and  February  in  each  year,  make  a report  in  writing  to 
said  City  Council,  containing  a detailed  statement  of  the  acts  and 
doings  of  the  said  Board  of  Health  during  the  preceding  quarter, 
which  report  shall  also  contain  a statement  of  all  the  moneys  paid 
out  and  expense  incurred  by  said  Commissioner  and  Board  of 
Health  during  the  last  quarter. 


CHAPTER  XX. 


PUBLIC  LIBRARY. 


Section . 

1.  Public  Library  eetabliehecl. 

2.  Directors  to  provide  rooms. 


Section. 

3.  Injury  to  books,  etc. 

4.  Directors  may  make  rules  and  fix  pen- 

alties. 


582.  § 1.  There  is  hereby  established  a free  public  library 
and  reading  room  for  the  city  of  Galesburg  in  pursuance  of  the 
general  laws  of  this  State,  which  shall  be  known  as  the  “Gales- 
burg Public  Library.” 

583.  § 2.  The  Board  of  Library  Directors  shall  provide  and 
set  apart  a room  or  rooms  for  the  reception  of  any  books  that 

13 


194 


REVISE  I)  ORDINANCES. 


may  be  donated  or  procured  for  such  library,  until  a permanent 
location  shall  be  otherwise  provided. 

584.  § 3.  Any  person  who  shall  willfully  or  maliciously  cut, 
write  upon,  injure,  deface,  tear  or  destroy  any  book,  newspaper, 
magazine  or  other  thing  of  value  belonging  to  said  library  shall 
be  subject  to  a penalty  of  not  less  than  five  dollars. 

585.  § 4.  The  Board  of  Directors  of  said  public  library  shall 
have  power  to  make  all  rules  necessary  for  the  proper  govern- 
ment of  said  library,  and  may  impose  penalties  for  violation  of 
any  established  rules,  not  to  exceed  in  any  one  instance,  five  dol- 
lars. 


CHAPTER  XXL 

ADDITIONS  TO  THE  CITY. 

Section.  i Section. 

1.  Maimer  ol' platting — coueeiit  of  Council,  j 2.  Copy  to  be  left  with  City  Council. 

58(3.  § 1.  In  any  addition  or  sub-division  of  lots  or  blocks 

hereafter  to  be  made  to  or  in  the  city,  the  proprietor  shall  so  plat 
and  establish  the  same  that  the  streets  and  blocks  shall  conform 
to  the  established  streets  and  blocks  which  such  addition  or  sub- 
division may  adjoin;  such  streets  to  be  continuous  and  straight 
and  of  the  same  width  : Provided.,  any  desired  change  may  be 
made  in  these  particulars  by  consent  of  the  City  Council,  to  whom 
all  the  said  plats  and  sub-divisions  shall  be  first  submitted,  at  a 
regular  meeting  thereof,  before  recording  the  same,  and  any  per- 
son violating  this  section  shall  be  subject  to  a penalty  of  not  less 
than  ten  nor  more  than  one  hundred  dollars. 

587.  § 2.  It  shall  be  the  duty  of  the  City  Engineer  and  Sur- 

veyor, or  other  surveyor,  who  may  make  any  plat  of  any  addition 
or  sub-division  to  the  city,  to  make  out  and  leave  with  the  city  a 
full  and  perfect  copy  thereof,  to  be  made  upon  a scale  and  paper 
corresponding  with  the  like  plats  in  the  City  Clerk’s  office,  and 
any  person  violating  this  section  shall  be  subject  to  a penalty  of 
five  dollars. 


REVISED  ORDINANCES. 


195 


CHAPTER  XXII. 


ANIMALS. 


Section. 

1.  Cruelty  to  dumb  auimale. 

2.  Fast  driving. 

3.  Tying  horses,  etc.,  to  fences,  etc. 

4.  Leaving  horse,  etc.,  unsecirred. 

5.  Horses,  etc.,  on  sidewalks,  ornamented 

grounds,  etc. 

6.  Permitting  dangerous  animal  to  go  at 

large. 

7.  Causing  animals  to  escape  or  be  im- 

pounded. 


Section. 

8.  Animals  running  at  large. 

9.  To  be  impounded. 

10.  Pound  Master  to  receive  such  animals. 

11.  Recording  and  posting  notice. 

12.  Trial  before  magistrate. 

13.  Pine  in  such  case. 

14.  Suffering  dead  animals  to  remain  un- 

buried. 

15.  Owner  of  such  animals  to  be  notified. 
I 16.  Cows  not  to  wear  bells. 


588.  § 1.  Whoever  shall  be  guilty  of  cruelty  to  any  dumb 
animal  by  over-loading,  over-driving’,  over- working,  cruelly  beat- 
ing, torturing,  tormenting,  mutilating,  or  cruelly  killing  such 
animal,  or  causing  or  knowingly  allowing  the  same  to  be  done; 
or  who  shall  cruelly  work  any  old,  maimed,  infirm,  sick  or  dis- 
abled dumb  animal,  or  cause  or  knowingly  allow  the  same  to  be 
done;  or  who  shall  unnecessarily  fail  to  provide  any  dumb  animal 
in  his  charge  or  custody,  as  owner  or  otherwise,  proper  food,  drink 
and  shelter;  or  who  shall  abandon  any  old,  maimed  or  infirm,  sick 
or  disabled  dumb  animal  in  his  possession,  as  owner  or  otherwise, 
shall  be  subject  to  a penalty  of  not  less  than  five  dollars. 

589.  § 2.  Whoever  shall  rapidly  or  immoderately,  ride  or 
drive  any  horse  or  mule,  or  other  domestic  animal,  or  any  team, 
in  any  street,  may  be  stopped  by  any  person,  and  shall  be  stopped 
by  any  police  officer,  and  shall,  moreover,  be  subject  to  a penalty 
of  not  less  than  three  dollars. 

590.  § 3.  Whoever  shall,  without  the  consent  of  the  owner  or 
occupant  of  the  premises,  fasten  any  horse  or  other  animal  to  any 
fence,  railing  or  tree,  or  to  any  boxing  placed  around  any  tree, 
shall  be  subject  to  a penalty  of  not  less  than  three  dollars. 

591.  § 4.  Whoever  shall  leave  any  horse  or  mule,  or  any 
team  in  any  uninclosed  or  public  place  without  being  properly 
fastened,  guarded  or  secured,  to  prevent  it  from  running  away, 
shall  be  subject  to  a penalty  of  not  less  than  three  dollars. 

592.  § 5.  Whoever  shall  lead,  ride,  or  drive  any  team  or 
beast  of  any  kind  whatever,  or  permit  the  same  to  go  upon  any 
sidewalk  within  the  city,  or  upon  any  grass  plat  or  ornamented 
ground  between  the  sidewalk  and  the  roadway,  shall  be  suliject 
to  a penalty  of  not  less  than  three  dollars ; Provided.,  that  the 


196 


REVISED  ORDINANCES. 


grass  plat  or  ornamented  ground  herein  mentioned  shall  have 
been  improved  in  the  manner  provided  by  resolution  of  the  City 
Council. 

593.  § 6.  Whoever  shall  knowingly  suffer  or  permit  any  dan- 
gerous, unruly  or  mischievous  animal,  owned  or  kept  by  him,  to 
go  at  large  in  the  city,  to  the  danger  or  annoyance  of  any  person, 
shall  be  subject  to  a penalty  of  not  less  than  five  dollars. 

594.  § 7.  Whoever  shall  willfully  drive  or  entice  any  ani- 
mal from  bej^ond  the  limits  of  the  city,  into  it,  or  shall  let  any 
animal  out  of  the  enclosure  in  which  it  may  be  confined,  for  the 
purpose  in  either  case,  of  aiding  animals  to  escape,  or  to  take  up 
and  impound  the  same,  or  to  cause  the  same  to  be  taken  up  and 
impounded,  shall  be  subject  to  a penalty  of  not  less  than  five  dol- 
lars. 

595.  § 8.  Whoever,  being  owner  or  keeper  of  any  domestic 
animal  of  the  species  of  horse,  mule,  ass,  cattle,  sheep,  goat,  swine, 
duck  or  goose,  shall  knowingly  suffer  the  same  to  run  at  large,  at 
any  time,  within  the  city,  shall  be  subject  to  a penalty  of  not  less 
than  three  dollars : Provided^  it  shall  not  be  contrary  to  the  pro- 
visions of  this  chapter  to  permit  cows,  giving  milk,  to  run  at  large 
south  of  a line  beginning  at  the  city  limits  east  on  Main  street, 
and  running  west  to  Pearl  street,  thence  south  on  Pearl  street  to 
South  street,  thence  west  on  South  street  to  the  Chicago,  Bur- 
lington & Quincy  Railroad  track,  thence  southwest  along  the  Chi- 
cago, Burlington  and  Quincy  Railroad  track  to  Knox  street,  and 
thence  west  on  Knox  street  to  the  city  limits;  from  6 o’clock  in 
the  forenoon,  to  8 o’clock  in  the  afternoon,  from  May  1st  to  Octo- 
ber 31st  inclusive,  in  each  year  : And  provided^  further^  that  it 
shall  be  contrary  to  this  chapter  to  drive  any  cow  or  cows  over 
or  across  said  line  for  the  purpose  of  pasturing  within  the  city, 
except  upon  an  inclosed  pasture. 

596.  § 9.  All  animals  found  running  at  large,  in  violation  of 
any  of  the  preceding  sections,  shall  be  taken  up  by  the  city  pound 
master,  and  confined  in  the  pound,  or  other  place  provided  there- 
for, until  duly  discharged  therefrom  as  by  ordinance  provided. 
And  the  pound  master  shall  properly  water,  feed,  and  care  for 
such  animals  while  in  his  custody. 

597.  § 10.  The  pound  master  shall  receive  such  animals  from 

any  other  person,  upon  affidavit — which  affidavit  said  pound  mas- 
ter shall  file  with  the  City  Clerk — that  the  same  have  been  taken 
up  while  running  at  large,  in  violation  of  this  chapter,  and  shall 
impound  the  same,  and  treat  them  in  all  respects  as  if  taken  up 
by  himself : Provided^  that  no  such  animal  shall  be  so  taken  up 

except  by  direction  of  some  officer  of  the  city,  or  of  some  house- 
holder residing  on  the  street  where  such  animals  shall  be  found  at 
large. 


REVISED  ORDINANCES. 


197 


598.  § 11.  The  pound-master  shall,  within  twelve  hours  after 
impounding'  such  animal  or  animals,  leave  a description  of  the 
same  in  the  office  of  the  City  Clerk,  who  shall  make  a record 
thereof  in  a book  for  registering  estrays,  and  post  a notice  thereof 
at  the  street  entrance  to  his  office,  for  three  days,  unless  the 
owner  or  owners  of  said  animal  shall  be  sooner  found. 

599.  § 12.  If  the  owner  or  keeper  of  any  such  animal  or  ani- 
mals shall  not,  within  three  days  after  the  same  has  been  so 
posted  by  the  Clerk,  appear,  pay  the  charges  thereon  and  take 
the  same  away,  the  pound-master  shall  make  complaint  before 
any  Justice  of  the  Peace  or  Police  Magistrate  in  the  city.  Such 
complaint  shall  contain  a reasonably  accurate  description  of. such 
animal  or  animals,  together  with  the  name  of  the  owner  or  owners 
thereof,  if  known,  or  if  unknown,  the  complaint  shall  so  state.  It 
shall  thereupon  be  the  duty  of  such  magistrate,  if  the  name  or 
names  of  such  owners  be  known,  to  issue  a summons  to  such 
owner  or  owners  to  appear  and  show  cause  why  such  animal  or 
animals  shall  not  be  sold  at  public  vendue  to  pay  the  costs  and 
charges  thereon,  including  the  costs  and  charges  of  proceedings 
before  such  justice.  Such  summons  shall  contain  a description  of 
such  animal  or  animals,  and  shall,  in  the  first  instance,  be  return- 
able at  any  time  not  less  than  two  nor  more  than  ten  days  there- 
after; but  personal  service  thereof  shall  be  had  at  least  one  day 
before  trial.  The  party  who  took  up,  or  caused  such  animal  to 
be  impounded,  shall  be  notified  to  appear  and  testify  at  the  trial 
of  said  cause,  and  in  case  he  fails  to  do  so,  and  the  taking  up  be 
adjudged  wrongful,  the  costs  of  such  proceedings  may,  in  the  dis- 
cretion of  the  magistrate,  be  taxed  against  the  pound-master  or 
other  person  who  took  up  the  same.  If  the  name  or  names  of 
such  owner  or  owners  be  unknown,  or  such  summons  be  returned 
endorsed  “not  found,”  it  shall  be  the  duty  of  such  magistrate  to 
prepare  at  least  three  notices,  substantially  like  the  summons 
hereinbefore  mentioned,  to  be  directed  to  such  unknovvn  owner, 
or  person  not  found,  in  which  notices  shall  be  fixed  a day  for  trial, 
not  less  than  ten  days  from  the  date  of  issuance  and  posting,  which 
shall  be  immediately  delivered  to  the  pound-master,  who  shall,  at 
least  ten  days  before  said  day  of  trial,  post  the  same  in  three  of 
the  most  public  places  in  the  city.  Upon  such  trial  day,  if  due 
service  of  notice  appear,  the  magistrate  shall  proceed  to  hear  the 
evidence,  which  shall  include  evidence  as  to  the  value  of  such 
animal  or  animals.  If  such  taking  up  be  found  lawful,  and  all 
costs  and  charges  be  not  paid,  the  magistrate  shall  render  judg- 
ment against  each  animal  for  the  amount  of  costs  and  charges 
properly  taxable  against  the  same,  including  the  estimated  cost  of 
keeping  the  same  to  the  day  of  sale,  and  stating  the  value  of  each 


198 


REVISED  ORDINANCES. 


animal  as  found  by  him  upon  the  evidence.  If  said  judgment  or 
any  part  thereof,  shall  remain  unpaid  on  the  day  following,  an 
order  of  sale  shall  thereupon  issue  to  the  marshal,  who  shall  pro- 
ceed to  sell  the  same  at  public  vendue,  to  the  highest  bidder  for 
cash,  first  giving  ten  days’ notice  of  the  time  and  place  of  sale,  by 
at  least  three  notices,  posted  in  three  of  the  most  public  places  in 
the  city,  and  if  the  value  of  such  animal  or  animals,  so  found  by 
said  magistrate,  exceed  825,  he  shall  also  publish  such  notice  at 
least  once  in  the  official  newspaper.  At  the  time  and  place  of 
sale,  if  the  costs  and  charges  so  assessed  against  one  or  more  of 
said  animals  be  unpaid,  the  marshal  shall  sell  the  same  as  above 
provided,  and  from  and  out  of  the  proceeds  of  the  sale  of  each  ani- 
mal shall,  first,  reserve  and  pay  all  costs,  charges  and  assessments 
thereupon  levied,  if  sufficient  there  be,  and  if  not,  then  pro  rata^ 
and  the  surplus  if  any,  to  the  owner  or  owners,  if  known,  on  re- 
quest, within  ten  days  thereafter;  if  the  owner  be  unknown,  or 
such  surplus  be  not  called  for  within  ten  days,  he  shall  pay  the 
same  to  the  City  Treasurer,  who  shall  keep  it  for  one  year,  in  a 
separate  fund,  subject  to  the  order  of  the  proper  owner,  and  there- 
after it  shall  be  put  in  the  common  fund. 

600.  § 13.  The  fees  of  justices  shall  be  as  near  as  may  be 
the  same  as  in  attachment  cases  for  similar  services.  The  fees  of 
the  pound- master  shall  be,  for  taking  up  each  animal  and  furnish- 
ing description  thereof  to  the  City  Clerk,  25  cents,  and  all  neces- 
sary and  proper  expenditures  for  feeding,  watering  and  caring  for 
the  same,  together  with  the  same  fees  for  all  other  services  as  are 
allowed  constables  for  similar  services  in  attachment  cases,  to  be 
paid  out  of  the  proceeds  of  the  sale  only. 

601.  § 1-4.  Any  person  or  persons  who  shall  knowingly  suffer 
any  dead  animal  belonging  to  him,  to  remain  within  the  city,  or 
within  one-half  mile  thereof,  without  being  so  buried  as  to  pre- 
vent it  from  becoming  putrid  or  offensive  to  any  person  residing 
within  the  city,  shall  be  guilty  of  a nuisance,  and  shall  be  subject 
to  a penalty  of  not  less  than  five  dollars. 

602.  § 15.  It  shall  be  the  duty  of  the  City  Marshal,  and  all 
other  members  of  the  police  department,  to  notify  the  owner  of 
such  animal,  if  he  can  be  found,  and  direct  him,  without  delay,  to 
remove  or  bury  the  same.  In  case  of  refusal  or  neglect  of  such 
owner  or  owners  forwith  to  comply  with  such  order,  the  marshal 
shall  cause  the  same  to  be  buried,  or  said  nuisance  otherwise 
abated,  at  the  owner’s  expense,  if  he  can  be  found.  If  not,  the 
bill  for  any  necessary  services  may  be  presented  by  said  officer  to 
the  City  Council,  for  payment. 

603.  § 16.  No  owner  of  any  cow  shall  permit  the  same  to 
wear  a bell;  and  any  person  violating  this  section  shall  be  subject 
to  a penalty  of  one  dollar. 


REVISED  ORDINANCES. 


199 


CHAPTER  XXIII. 


CEMETERIES. 


Section. 

1.  Linwood  Cemetery. 

2.  Sales  of  lots  confirmed. 

3.  Prices  of  said  lots. 

4.  City  Clerk  to  keep  account  of  sales. 

5.  Burial  place  for  poor  reserved. 

6.  Sexton — his  appointment— duties. 

7.  Further  duties  of  sexton. 

8.  Grave  not  to  he  dug  in  walk,  etc. 


Section. 

9.  Compensation  of  sexton. 

10.  Depth  of  graves.  Walks  not  to  be  ob- 

structed. 

11.  Bodies  not  to  be  removed  from  ceme- 

teries without  permission. 

12.  Depredations  in  cemeteries. 

13.  Permits  for  burial. 

14.  New  cemeteries  not  to  be  established 

without  authority. 


604.  § 1.  The  premises  conveyed  to  the  city  of  Galesburg 
by  the  Linwood  Cemetery  Association,  by  deed  bearing  date  of 
December  15,  1857,  and  any  additions  which  may  be  made 
thereto,  shall  be,  and  the  same  is  hereby  declared  to  be  the  public 
burial  ground  of  Galesburg,  which  shall  be  continued  and  known 
as  Linwood  Cemetery. 

605.  § 2.  The  survey  and  plat  of  said  grounds,  as  made  and 
recorded  by  the  said  cemetery  association,  is  hereby  approved 
and  confirmed,  and  all  sales  of  lots  made  in  said  grounds  on  which 
the  purchase  money  has  been  paid,  and  all  sales  heretofore  made, 
in  compliance  with  the  terms  of  an  ordinance  of  the  city,  as  pub- 
lished in  December,  1869,  are  hereby  approved  and  confirmed. 

606.  § 3.  The  prices  of  lots  in  said  grounds  shall  be  ten 
dollars,  one-half  of  which  shall  be  paid  down  and  the  balance  in 
six  months  to  the  said  City  Clerk,  who  shall  give  the  purchaser  a 
certificate,  stating  the  payment  of  the  said  five  dollars,  the  num- 
ber of  the  lot,  and  that  the  purchaser  will  be  entitled  to  a deed 
for  the  same  in  six  months,  upon  the  payment  of  the  remaining 
five  dollars;  and  when  said  purchase  money  shall  all  be  paid,  the 
Mayor  and  Clerk  shall  make  a deed  for  the  lot  to  the  proper 
holder  of  the  certificate. 

607.  § 4.  It  shall  be  the  duty  of  the  City  Clerk  to  keep  a sepa- 
rate account  in  a book  kept  for  that  purpose,  of  all  said  sales  and 
payments,  and  as  soon  as  any  money  is  paid  to  him,  he  shall  pay 
the  same  over  to  the  City  Treasurer  and  take  his  receipt  there- 
for. 

608.  § 5.  That  so  much  of  said  cemeter}’'  as  is  numbered 
blocks  11,  12,  13,  14  and  15,  shall  be  reserved  for  and  appropri- 
ated to  the  burial  of  poor  persons  and  strangers,  who  may  not 
have  other  grounds  provided  for  them,  and  the  residue  of  the 
lots  or  blocks  of  said  cemetery  shall  be  reserved  for  the  use  and 


200 


REVISED  ORDINANCES. 


possession  of'  such  families  and  persons,  and  such  only,  as  have 
heretofore,  or  shall  hereafter,  become  the  purchasers  of  the  same, 
to  be  used  by  them  as  places  of  burial  for  the  dead,  and  for  no 
other  use  or  purpose  whatever,  all  of  which  shall  be  under  the 
control  of  said  city,  subject  to  the  ordinances,  rules  and  regulations 
thereof;  and  all  owners  of  said  lots,  or  other  persons,  shall  comply 
with  the  same  in  the  interment  or  removal  of  bodies,  and  in  the 
care,  ornamentation  and  use  of  the  grounds  thereof,  and  no  deed 
or  contract  made  with  said  city  shall  prevent  the  exercise  of  such 
power  on  the  part  of  the  city. 

609.  ^ 6.  The  City  Council  shall  appoint  a sexton  for  said 
cemetery,  who  shall  hold  his  office  at  the  pleasure  of  the  Council. 
Tt  shall  be  his  duty  to  take  the  entire  charge,  control  and  super- 
intendence of  said  cemetery,  subject  to  the  order  of  the  Council, 
and  preserve  and  keep  in  proper  repair  the  fences  and  enclosures 
of  the  same,  so  as  to  prevent  its  being  entered  by  swine  or  other 
animals;  and  also,  as  far  as  practicable,  prevent  the  destruction 
or  defacing  of  any  grave,  grave-stone,  tablets  or  monuments 
placed  or  erected  in  said  cemetery.  It  shall  also  be  his  duty  to 
point  out  to  persons  wishing  to  purchase,  all  lots  for  sale,  and 
notify  the  Clerk  when  and  where  any  person  has  made  a selection. 

610.  § ?.  It  shall  be  the  duty  of  the  sexton,  on  request  of  the 
owner  or  person  controlling  any  lot  or  part  of  lot  in  the  cemetery, 
to  dig  all  required  graves  therein;  to  attend  every  interment  in 
person  or  by  some  competent  deputy ; to  fill  up  and  neatly  trim  the 
grave,  immediately  after  depositing  the  coffin;  to  fill  up  and  trim 
the  graves  that  have,  or  hereafter  may  settle  or  sink  in ; to  register, 
in  a proper  book  kept  for  that  purpose,  the  names,  ages  and  resi- 
dences, so  far  as  known,  of  all  persons  so  buried  therein,  stating 
the  place  where  buried,  which  registry  shall  always  be  open  to  the 
inspection  of  the  Council,  and  of  the  public  and  persons  inter- 
ested therein  without  charge;  he  shall  at  all  times  keep  the 
walks,  avenues  and  alleys  in  good  order  and  open  to  each  lot. 

611.  § 8.  It  shall  be  unlawful  to  dig  any  grave  in  any  walk, 
lane  or  avenue  of  said  cemetery;  and,  in  like  manner,  unlawful 
for  any  person  to  dig  any  grave  or  bury  any  body  in  said  ceme- 
tery without  consent  of  the  sexton. 

612.  § 9.  The  sexton  shall  be  paid  such  compensation  as  the 
Council  may  from  year  to  year  determine,  and  it  shall  be  lawful 
for  him  to  charge  and  collect  of  the  person  who  shall  employ  him 
to  dig  ,a  grave,  the  sum  of  three  dollars,  except  for  children 
under  ten  years  of  age,  for  which  he  shall  charge  but  tw’O  dollars, 
in  consideration  of  which  he  shall  perform  all  the  work  about 
said  grave  provided  in  section  seven  of  this  chapter;  but  nothing 
in  this  chapter  contained  shall  prevent  anypersou  from  digging  a 
grave  for  any  deceased  person  without  charge. 


REVISED  ORDINANCES. 


201 


613.  § 10.  All  graves  in  any  cemetery  within  the  city  shall 
be  dug  at  least  five  feet  deep.  All  fencing,  vaults  or  ornaments 
placed  by  individuals  on  their  lots,  shall  be  so  built  and  placed 
as  not  to  obstruct  any  walk,  lane,  or  avenue  or  access  thereto. 
Any  person  violating  this  section  shall,  for  each  offense,  be  sub- 
ject to  a penalty  of  not  less  than  five  dollars. 

614.  § 11.  It  shall  be  unlawful  to  open  or  cause  to  be 
opened,  any  grave,  or  take  up  or  remove,  or  cause  to  be  taken  up 
or  removed,  any  body  interred  in  any  cemetery  within  this  city, 
without 'written  permission  from  the  Mayor;  and  then  the  removal 
shall  be  under  supervision  of  the  sexton  thereof.  Any  person 
violating  this  section  shall  be  subject  to  a penalty  of  not  less  than 
twenty-five  dollars. 

615.  § 12.  Any  person  who  shall  willfully  destroy,  mutilate, 
deface,  injure,  cut,  break,  loosen,  tear  up  or  remove  any  tomb, 
monument,  stone,  ornament,  fence,  tree,  shrub,  flower,  plant, 
railing,  building  or  object  whatever  in  or  about  any  cemetery, 
or  in  any  avenue,  lot  or  part  thereof,  or  shall  shoot  or  discharge 
any  gun,  pistol,  or  fire-arms  or  fire-works,  or  other  missiles,  within 
the  limits  of  any  cemetery,  or  shall  cause  any  shot  or  missile  to 
be  discharged  into  or  over  any  portion  of  any  cemetery,  or  shall 
violate  any  of  the  following  rules — 

First — All  persons  are  required  to  conduct  themselves  while  on 
any  cemetery  grounds,  in  a decent  and  orderly  manner; 

Second — Each  person  shall  have  exclusive  control  of  his  or  her 
own  burial  plat; 

Third — No  person  is  allowed  to  drive  any  wagon  or  other 
vehicle  in  any  cemetery,  except  on  the  main  carriage  road; 

Fourth — No  person  is  allowed  to  take  rough  stone  into  any 
cemetery  for  the  purpose  of  dressing  them  on  said  cemetery 
grounds; 

Fifth — No  person  is  allowed  to  pluck  any  flowers  on  any 
cemetery  ground,  except  on  their  own  plats; 

Sixth — No  person  shall  use  or  frequent  any  cemetery  for  gam 
bling,  obscene  or  lewd  purposes; 

(Which  said  rules  shall  be  plainly  printed  and  placed  at  each 
entrance  to  said  cemetery) — shall  be  deemed  guilty  of  a misde- 
meanor, and  shall,  upon  conviction  thereof  be  subject  to  a penalty 
of  not  less  than  five  dollars  nor  more  than  one  hundred  dollars. 

Nothing  in  the  above  section  shall  be  construed  as  interfering 
with  the  control  of  burial  lots  by  the  owners  thereof. 

616.  § 13.  It  shall  be  the  duty  of  the  person  having  charge 
of  the  burial  of  any  dead  person  to  procure  a permit  therefor 
from  tlie  City  Clerk;  and  any  person  violating  this  section  shall 
be  subject  to  a penalty  of  not  less  than  five  dollars. 


202 


REVISED  ORDINANCES. 


617.  § 14.  No  new  cemetery  or  burying  ground  shall  be 
established  within  the  city  without  authority  from  the  City 
Council. 


CHAPTER  XXIV. 

DEATHS. 

Section. 

1.  City  Clerk  to  keep  register  of;  shall 

keep  and  furnish  blanks  to  pysicians, 
etc. 

2.  Shall  issue  certificates  of  deaths  and 

burial  permits. 

618.  § 1.  The  City  Clerk  shall  provide  and  keep  a suitable 
book  for  registry  of  all  deaths  within  the  city  limits;  and  also 
provide  and  keep  constantly  on  hand  for  use  of  physicians  and 
accouchers  practising  in  the  city,  printed  blank  certificates  of 
death,  which  shall  at  all  times  be  furnished  to  such  physicians, 
accouchers  and  acting  coroners  on  request,  without  charge 
therefor. 

619.  § 2.  The  Clerk  shall  promptly  record  in  said  book  the 
substance  of  all  certificates  of  death  furnished  him  by  physicians, 
accouchers  and  acting  coroners,  filing  and  preserving  the  origi- 
nals; and  upon  receipt  of  each  such  certificate  of  death,  shall 
sign  and  issue  a burial  permit  or  permission  to  remove  the 
corpse  from  the  city  for  burial,  as  may  be  desired.  The  Clerk 
shall  carefully  preserve  such  book  of  registry  and  such  cer- 
tificates, and  keep  the  book  at  all  proper  times  open  to  public 
inspection. 

620.  § 3.  All  such  physicians,  accouchers  and  acting  coro- 
ners shall  immediately  certify  to  said  clerk  all  deaths  of  persons 
upon  whom  he  or  she  was  professionally  attendant,  within  the 
city;  stating  in  each  certificate  of  death,  the  cause  of  death, 
name,  age,  and  residence  of  the  deceased,  so  far  as  known,  and 
if  unknown,  so  certifying. 

621.  § 4.  When  any  death  shall  take  place,  no  physician  or 
accoucher  having  been  professionally  attendant,  the  same  shall  be 
reported  immediately  to  the  City  Clerk  by  the  parent  of  the  de- 
ceased; or,  if  none,  by  the  nearest  of  kin;  or,  if  none,  by  the  res- 
ident householder  where  such  death  shall  occur;  and  thereupon 
the  City  Clerk  shall  notify  the  City  Physician,  who  shall  examine 


Section. 

3.  Physicians,  etc.,  shall  certify  to  Clerks 

all  deaths. 

4.  When  no  physician  present.  Certifi- 

cate how  obtainable. 

5.  Burial  without  permit  unlawful. 

6.  Penalty  for,  etc. 


REVISED  ORDINANCES. 


203 


into  the  cause  of  death,  and  if  he  deems  it  advisable,  may  cause 
the  City  Clerk  to  sign  and  issue  a burial  permit  or  permission  to 
remove  from  the  city  for  burial. 

622.  § 5.  It  shall  be  unlawful  at  any  time  hereafter,  either 
to  bury  any  person  within  the  city  limits,  or  to  remove  from  the 
city  for  burial  the  body  of  any  deceased  person,  without  a written 
permit  from  the  City  Clerk. 

623.  § 6.  Any  person  violating  either  provisions  of  this 
chapter  shall  be  subject  to  a penalty  of  not  less  than  five  dollars, 
nor  more  than  twenty-five  dollars,  for  each  offense. 


CHAPTER  XXV. 

DOGS. 

Section.  I Section. 

1.  Trespassing,  may  be  killed.  I 2.  Mad  dogs. 

624.  § 1.  Any  dog  found  trespassing  and  doing  damage  upon 
private  premises,  or  worrying  any  animal  of  another  at  a place 
where  the  same  shall  lawfully  be,  or  attacking  and  attempting  to 
injure  any  person,  or  frightening  any  team,  traveling  or  being  in 
or  upon  any  street  or  other  public  place  in  the  city,  may  then  and 
there  lawfully  be  shot  or  otherwise  killed  by  any  person. 

625.  § 2.  The  Mayor  may,  from  time  to  time,  whenever  in 
his  discretion  the  public  safety  may  require  it,  prohibit  by  notice 
in  a public  newspaper,  all  dogs  not  securely  muzzled  from  run- 
ning at  large  within  the  limits  of  the  city,  and  may  appoint  depu- 
ties with  authority  to  kill  all  dogs  running  at  large  within  the  city; 
and  such  prohibition  may  continue  so  long  as  the  public  safety, 
in  the  opinion  of  the  Mayor,  may  require;  and  such  prohibition 
shall  remain  in  force  until  the  Mayor  shall  give  public  notice  of 
the  discontinuance  thereof. 


204 


REVISED  ORDINANCES. 


CHAPTER  XXVI. 


DRAM  SHOPS. 


Section. 

1.  Selling  liquor  without  license. 

2.  Application— bond— rate  of  license. 

3.  License  not  transferrable — sale  of  li- 

quors confined  to  one  room. 

4.  Sale  of  liquors  to  minors  or  intoxicated 

persons. 

5.  Giving  away  of  liquors. 


Section. 

6.  Keeping  dram  shops  open  on  Sunday, 

etc. 

7.  Games  prohibited. 

8.  Obstructing  view  from  street. 

9.  Prosecution— evidence. 

10.  Suspension  and  revocation  of  license. 


626.  § I.  Whoever,  not  having  a license  to  keep  a dram  shop, 
shall  by  himself  or  another,  either  as  principal,  agent,  clerk  or 
servant,  directly  or  indirectly  sell  any  intoxicating  liquor,  in  any 
less  quantity  than  one  gallon,  [or  in  any  quantity  to  be  drank 
upon  the  premises,  or  in  or  upon  any  adjacent  room,  building, 
yard,  premises  or  place,  or  place  of  public  resort]  or  whoever 
having  such  license,  shall  sell  any  intoxicating  liquor  contrary  to 
the  conditions  of  such  license,  shall  be  subject  to  a penalty  of  not 
less  than  fifty  dollars  for  each  and  every  offense. 

627.  § 2.  Before  such  license  shall  issue  application  shall  be 
made  to  the  City  Council  in  writing,  stating  particularly  the  time 
for  which  such  license  is  desired,  and  the  place  where  it  is  intended 
to  locate  the  dram  shop  for  which  said  license  is  sought,  desigtia- 
ting  the  room  where  said  dram  shop  is  to  be  located  Such  ap- 
plication shall  be  accompanied  by  a bond  in  the  penal  sum  of 
three  thousand  dollars,  payable  to  the  People  of  the  State  of  Illi- 
nois, with  at  least  two  good  and  sufficient  sureties,  freeholders  of 
the  county  of  Knox,  to  be  approved  by  the  City  Council  and  con- 
ditioned that  such  applicant  will  pay  to  all  persons  all  damages 
that  they  may  sustain,  either  in  person  or  property,  or  means  of 
support,  by  reason  of  the  person  so  obtaining  a license  selling  or 
giving  away  intoxicating  liquors.  The  sum  to  be  paid  for  such 
license  shall  be  at  the  rate  of  six  hundred  dollars  per  annum,  and 
shall  be  paid  quarterly  in  advance,  and  all  such  licenses  shall  ex- 
pire on  the  first  day  of  May  in  each  year,  but  no  license  shall  be 
granted  for  a less  period  than  one  year  or  for  the  un expired  por- 
tion of  the  year,  beginning  on  the  first  day  of  the  quarter  in  which 
said  application  shall  be  made,  and  ending  May  1st  next  ensuing; 
and  a failure  to  make  any  such  quarterly  payment  shall  operate  as 
a revocation  of  such  license.  The  time  for  the  making  of  such 
quarterly  payments  shall  be  on  the  first  days  of  May,  August, 
November  and  February  of  each  and  every  license  year. 


REVISED  ORDINANCES. 


205 


628.  § 3.  No  license  granted  under  this  chapter  shall  be 
transferable  or  assignable,  nor  shall  any  person  be  permitted  to 
occupy  more  than  one  room  in  cariying  on  his  business  under 
said  license;  and  no  room  thus  used  as  a di-am  shop  shall  be  con- 
nected with  any  other  room  by  means  of  any  opening,  window, 
door,  stairway,  dummy,  dumb-waiter,  or  in  any  manner  whatever, 
except  it  be  with  a room  or  place  situated  on  the  same  floor  as 
said  dram  shop,  and  which  shall  be  plainly  open  to  view  from  the 
public  streets,  as  provided  in  section  8 of  this  chapter":  Provided^ 
however^  that  the  room  or  place  thus  permitted  to  be  connected 
with  a dram  shop,  shall  not  be  connected  with  any  other  room  or 
place  by  means  of  any  opening,  window,  door,  stairway,  dummy, 
dumb-waiter,  or  in  any  manner  whatever;  nor  shall  any  intoxica- 
ting liquor,  be  sold,  delivered  or  drank  in  such  room. 

629.  § 4.  Whoever,  with  or  without  a license,  by  himself, 
his  agent,  clerk,  or  servant,  shall  sell  or  give  intoxicating  liquor 
to  any  minor,  without  the  written  order  of  the  parent  or  guardian 
first  obtained,  or  to  any  person  intoxicated,  or  who  is  in  the  habit 
of  getting  intoxicated,  shall,  for  each  offense,  be  subject  to  a pen- 
alty of  not  less  than  fifty  dollars. 

630.  § 5.  The  giving  away  of  intoxicating  liquors,  or  other 
shift  or  device,  to  evade  the  provisions  of  this  chapter,  shall  be 
held  to  be  an  unlawful  selling. 

631.  § 6.  It  shall  not  be  lawful  for  the  keeper  or  proprietor 
of  any  dram  shop  to  keep  said  dram  shop  open,  or  to  allow  any 
drinking  therein  on  Sundays,  nor  on  the  day  of  any  general  elec- 
tion, nor  after  eleven  o’clock  at  night. 

632.  § 7.  It  shall  not  be  lawful  for  the  keeper  or  proprietor 

of  any  dram  shop  to  permit  any  cards,  dice,  dominoes,  or  any  other 
game  or  games,  excepting  billiards  and  pool,  to  be  played  in  his 
dram  shop  or  in  any  room  or  rooms  adjacent  thereto  or  connected 
therewith  : Promded^  that  the  keeper  or  proprietor  of  any  dram 

shop,  who  permits  the  playing  of  billiards  or  pool  in  his  dram 
shop,  or  in  any  room  or  rooms  adjacent  thereto,  shall  not  by  him- 
self or  another,  either  as  principal,  agent,  clerk,  or  servant,  give 
or  pay  out  to  any  person  or  persons  playing  such  games,  any  chip, 
check,  or  other  device,  which  is  an  equivalent  for  cash,  or  which 
may  be  accepted  in  lieu  thereof,  for  the  purchase  of  anything  in 
his  dram  shop  : Provided^  further^  that  it  shall  not  be  lawful  for 

any  keeper  or  proprietor  of  a dram  shop  in  which  the  playing  of 
billiards  or  pool  is  permitted,  to  allow  any  minor  to  play  or  remain 
in,  or  loiter  about  liis  dram  shop  without  the  written  consent  of 
his  parent  or  guardian. 

633.  § 8.  It  shall  not  be  lawful  in  the  room  where  such  dram 
shop  is  located,  to  obstruct  or  prevent  a full  view  of  said  room* 
from  the  public  street,  by  means  of  any  screen,  frosted  window. 


206 


REVISED  ORbilSrANCES. 


window  blind,  curtain,  partition,  or  any  other  object  whatever, 
but  the  entire  room  where  such  liquor  is  sold  or  drank,  shall  be 
plainly  visible  at  all  times,  by  day  and  by  night,  from  the  public 
street,  and  shall  at  all  times  be  accessible  to  the  police. 

634.  § 9.  In  all  prosecutions  under  this  chapter,  it  shall  not 
be  necessary  to  state  the  kind  of  liquor  sold,  nor  to  describe  the 
place  where  sold,  nor  to  show  the  knowledge  of  the  principal  to 
convict  for  the  acts  of  an  agent,  clerk  or  servant. 

635.  § 10.  The  Mayor  shall  have  power  to  suspend  for  a 
stated  period,  or  to  revoke  any  license  granted  under  this  chapter 
for  a non-compliance  with,  or  a violation  of,  any  provisions  of  this 
chapter,  and  it  shall  be  the  duty  of  the  Mayor  to  report  to  the 
City  Council,  at  its  next  meeting,  either  regular  or  special,  such 
suspension  or  revocation,  with  his  reasons  therefor,  and  the  Coun- 
cil shall  thereupon  affirm  or  reject  such  suspension  or  revocation. 

636.  § 11.  Any  person  violating  any  section  of  this  chapter 
shall  be  subject  to  a penalty  of  not  less  than  fifty  dollars. 


REVISED  ORDINANCES. 


207 


CHAPTER  XXVIL 


GENERAL  LICENSES. 


Section. 

1.  Who  shall  take  out. 

2.  To  druggists ; restriction  over. 

3.  Clerk,  etc.,  violating  chapter  guilty 

with  employer. 

4.  Keeper  of  confectionery  stores— de- 

fined, etc. 

5.  Keeper  of  auction  stores— defined,  etc. 

6.  Auctioneer— defined,  etc. 

7.  Hackman — defined,  etc. 

8.  Drayman— defined,  etc. 

9.  Hawker— defined,  etc. 

10.  Peddler— defined,  etc. 

11.  License  may  issue  to  firm. 

12.  Hackmen,  etc.,  to  be  numbered — du- 

ties of,  etc.— penalty. 

13.  Regulating  charges  of  hackmen,  etc. 

14.  Regulating  charges  of  draymen,  etc. 

15.  Hackmen  and  draymen  to  carry  pas- 

sengers and  goods  upon  tender  of 
charges,  etc.  - 

16.  Shall  post  in  conveyances  three  pre- 

ceding sections. 

17.  Defining  pawnbroker,  etc. 

18.  Defining  junk  dealer,  etc. 


Section. 

19.  Defining  keeper  of  second-hand  store. 

20.  Pawnbroker’s  license,  etc.  — how  ob- 

taiued— shall  give  bond,  etc. 

21.  Pawnbrokers,  etc.,  shall  keep  record 

— requisites  of,  etc. — penalty. 

22.  Book  shall  be  open  to  inspection  of 

police,  etc. 

23.  Shall  notify  police  when  property  is 

suspected  to  have  been  stolen,  etc, 

24.  Shall  not  purchase  of  minor,  intoxi- 

cated person,  or  known  thief— pen- 
alty, etc. — exception. 

25.  Defining  night  scavengers— provides 

for  license  and  bond. 

26.  Duties  of  night  scavengers. 

27.  Owners  of  vaults  shall  not  remove 

without  permission  of  Board  of 
Health. 

28.  Night  scavengers— fees  of,  etc. 

29.  Expiration  of  licenses — none  granted 

for  less  than  one  quarter. 

30.  Sums  to  be  paid  for  licenses. 

31.  License  shall  not  issue  except  to  per- 

sons of  good  moral  character. 

32.  Clerk  shall  keep  register  of  licenses. 


G37.  § 1.  The  following  persons,  before  carrying  on  or  exer- 

cising, either  directly  or  indirectly,  their  business  within  the  limits 
of  this  city,  shall  first  procure  a license  therefor,  viz  : 

Auctioneers;  dealers  in  ice;  draymen;  druggists;  hackmen; 
hawkers;  keepers  of  auction  stores;  keepers  of  billiard  and  pool 
tables,  or  either;  keepers  of  bowling  alleys;  keepers  of  gunpow- 
der; keepers  of  second-hand  stores;  keepers  of  soda  fountains; 
junk  dealers;  night  scavengers;  pawn-brokers;  peddlers;  show- 
men. And  ever}'-  person  violating  any  of  the  provisions  of  this 
section  shall  be  subject  to  a penalty  of  not  less  than  five  nor  more 
than  fifty  dollars  for  each  offense  : Provided.,  that  for  circus  or 
menagerie  or  theatrical  exhibitions  under  canvass  and  out  of  doors, 
the  penalty  shall  not  be  less  than  fifty  dollars,  nor  more  than  one 
hundred  dollars;  and  for  all  other  like  exhibitions  or  performances 
by  transient  persons,  whether  in  or  out  of  any  hall  or  house,  the 
penalty  shall  not  be  less  than  twenty  dollars  for  each  offense  : 
And  promded.,  further , that  where  the  act  or  business  requiring 
license  is  continuotis  from  day  to  day,  each  day’s  continuance  of 
such  business  without  license  shall  be  considered  a separate 


208 


REVISED  ORDINANCES. 


A 


offense  : And  prouided^  further^  that  this  section  shall  not  apply 
to  musical  parties,  concerts,  thespian  performances,  fairs,  lectures 
or  other  like  exhibitions  or  entertainments  given  exclusively  by 
the  citizens  of  this  city,  or  by  any  other  person  or  persons,  for 
the  benefit  of  any  literary,  scientific,  religious  or  charitable  pur- 
pose. 

638.  § 2.  License  to  druggists  within  the  city  shall  only  be 
allowed  when  the  business  is  chiefly  in  the  sale  of  drugs,  and  shall 
authorize  the  sale,  in  good  faith,  of  spirituous,  vinous,  fermented 
or  alcoholic  liquors  for  sacramental,  medicinal,  mechanical  and 
chemical  purposes,  and  for  no  other  purpose  whatever. 

639.  § 3.  All  persons,  whether  acting  as  clerk,  agents,  ser- 
vants or  otherwise,  in  the  doing  of  any  business  for  which  license 
is  required,  who  shall  knowingly  engage  therein,  or  do  anv  such 
acts,  unless  their  principal  has  license  therefor  duly  granted,  shall 
be  deemed  equally  guilty  as  the  proprietor  or  employer  of  such 
agent,  clerk  or  servant. 

640.  § 4.  Every  person  who  shall  keep  a house  or  place  for 
the  sale  of  ice  creams,  confectioneries  and  fruits,  or  either,  except 
grocers  and  bakers,  shall  be  deemed  a keeper  of  a confectionery 
store.  [License  fee  stricken  out.] 

641.  § 5.  Whoever  shall  open,  keep,  maintain  or  control  for 
business  purposes,  any  store- house,  room  or  place  of  business  for 
the  sale  in  whole  or  in  part  of  goods,  wares,  merchandise,  or  per- 
sonal property  of  any  description  at  auction,  shall  be  deemed  the 
keeper  of  an  auction  store. 

642.  § 6.  Any  person  not  having  license  to  keep  an  auction 
store,  who  shall  sell  at  auction  any  goods,  wares,  merchandise  or 
personal  property,  shall  be  deemed  an  auctioneer,  and  shall  first 
take  out  license  as  an  auctioneer,  and  such  license  shall  not  in- 
clude the  keeping  of  an  auction  store  : Promded^  that  if  any  per- 
son, not  a resident  of  the  city,  shall  bring  into  the  city  any  goods, 
wares,  or  merchandise  for  sale  in  the  city,  either  upon  a public 
street,  or  other  out-door  place,  or  within  any  store,  room,  tent  or 
booth,  and  shall  sell  the  same  or  any  part  thereof,  by  auction, 
such  person  shall  first  procure  a license  as  a keeper  of  an  auction 
store. 

643.  § 7.  Every  person  who  shall  by  wagon,  carriage,  omni- 
bus, hack,  or  other  vehicle,  carry  persohs  within  the  city  for  hire, 
shall  be  deemed  a hackman. 

644.  § 8.  Every  person  who  shall  by  wagon,  dray,  or  other 
vehicle,  carry  goods  within  the  city  for  hire,  shall  be  deemed  a 
drayman. 

645.  § 9.  Every  person,  who,  as  a business  or  employment, 
shall  cry  and  sell  his  goods  on  the  street,  shall  be  deemed  a 
hawker. 


liEVISED  ORDINANCES. 


209 


646.  § 10.  Every  person,  who,  as  a business  or  employment, 
shall  sell  or  dispose  of  his  goods  on  the  street,  or  from  house  to 
house,  but  not  at  public  outcry,  shall  be  deemed  a peddler  ; but 
nothing  in  this  chapter  shall  prevent  any  farmer,  fruit  or  vine- 
grower,  or  gardener  from  selling  the  produce  of  his  farm,  orchard, 
vineyard  or  garden,  on  the  streets,  or  from  house  to  house,  with- 
out license  as  a peddler  : Provided^  that  nothing  herein  shall  be 
construed  to  permit  the  sale  of  spirituous,  vinous  or  malt  liquors. 

647.  § 11.  Licenses  may  be  granted  to  two  or  more  persons 
doing  business  as  a firm  or  partnership,  in  which  case  each  part- 
ner shall  become  alike  bound  in  all  the  obligations  and  duties 
imposed  by  this  chapter. 

648.  § 12.  All  drays,  wagons,  carts,  carriages,  hacks,  omni- 
buses or  other  like  vehicles,  shall  be  subject  to  the  following 
restrictions,'  viz  : Each  vehicle  shall  have  a number,  to  be  fur- 
nished by  the  City  Clerk,  and  to  be  placed  in  some  conspicuous 
place  on  such  vehicle,  and  such  carrier  of  persons  or  of  goods, 
shall  whenever  demanded,  transport  such  persons  or  goods  as  may 
be  offered,  to  any  part  of  the  city  with  promptness  and  care,  and 
for  such  rates  of  fare,  and  no  more,  as  may  be  fixed  by  the  City 
Council.  And  for  any  violation  of  their  duties  in  that  respect, 
such  carrier  shall  be  subject  to  a penalty  of  not  less  than  three 
nor  more  than  fifty  dollars. 

649.  § 13.  Licensed  hackmen  may  charge  and  receive,  for 
crrrying  persons  for  any  distance  not  exceeding  one  mile,  for  one 
person,  twenty-five  cents  ; over  one  mile  and  within  the  city,  fifty 
cents  ; for  children  in  care  of  parents  or  nurse,  and  under  five 
years  of  age,  no  charge  shall  be  made  ; for  children  over  five  and 
under  twelve  years  of  age,  in  care  of  parent  or  other  person,  not 
exceeding  fifteen  cents  ; for  carrying  trunks  an  extra  charge  for 
each  trunk,  (not  embracing  anything  carried  in  hands  of  passen- 
gers) ten  cents. 

650.  § 14.  Licensed  draymen  may  charge  and  receive  for 
carrying  a one-horse  load  the  distance  of  four  blocks,  or  less,  not 
exceeding  twenty-five  cents  ; for  carrying  the  same  over  four 
blocks  and  less  than  eight  blocks,  thirty-five  cents  ; and  when 
over  eight  blocks  and  within  the  city,  fifty  cents  ; for  like  dis- 
tances with  two-horse  load,  one-third  more  per  load. 

651.  § 15.  Licensed  hackmen  and  draymen  shall,  at  all  rea- 
sonable times,  when  requested,  and  the  proper  charges  are  ten- 
dered, carry  with  care  and  dispatch,  all  such  passengers  or  goods 
as  may  be  offered  them  respectively.  And  for  any  failure  or 
refusal  to  do  so,  such  hackman  or  drayman  shall  be  subject  to  a 
penalty  of  not  less  than  five  dollars  nor  more  than  fifty  dollars. 

652.  § 16.  Hackmen  and  draymen  shall,  at  all  times,  keep 

14 


210 


REVISED  ORDINANCES. 


posted  up  in  a conspicuous  place  in  their  conveyance,  a printed 
copy  of  this  and  the  preceding  three  sections,  for  the  inspection 
of  any  person  employing  them,  and  shall,  on  request  exhibit  the 
same  to  such  person;  and  for  any  failure  to  do  so,  or  for  any  over- 
charge for  such  services,  such  hackman  or  drayman  shall  be  sub- 
ject to  a penalty  of  not  less  than  five  nor  more  than  fifty  dollars. 

653.  § 17.  Any  person  who  loans  money  on  deposit  or  pledge 
of  personal  property,  bonds,  notes,  or  other  securities,  or  who 
deals  in  the  purchasing  of  personal  property,  or  choses  in  action, 
on  condition  of  selling  the  same  back  again  at  a stipulated  price, 
or  who  shall,  at  his  place  of  business,  exhibit  three  balls,  or  any 
other  sign  or  device  designating  the  business  of  a pawnbroker,  is 
hereby  defined  and  declared  to  be  a pawnbroker  within  the  mean- 
ing of  this  chapter. 

654.  § 18.  Any  person  who  keeps  a store,  office,  or  place  of 
business  for  the  purchase  or  sale  of  junk,  rags,  old  iron  or  any 
other  old  metal,  paper,  bagging,  or  the  like,  is  hereby  defined  to 
be  a junk  dealer. 

655.  § 19.  Whoever  keeps  any  store,  room,  office,  or  place 
of  business  .for  the  purchase  or  sale  of  second-hand  furniture, 
household  goods,  clothing,  or  any  other  second-hand  articles,  is 
defined  to  be  the  keeper  of  a second-hand  store. 

656.  § 20.  The  City  Council  may  grant  a license  to  any  per- 
son desirous  of  becoming  a pawnbroker,  junk  dealer,  or  keeper 
of  a second-hand  store,  on  condition  that  the  person  applying 
shall  first  pay  into  the  city  treasury  one  quarter  of  the  yearly 
license,  and  shall  thereafter  pay  each  quarter’s  license  in  advance, 
as  hereinafter  fixed  ; and  shall  execute  to  the  city  of  Galesburg 
a bond  with  sufficient  security,  to  be  approved  by  the  Mayor, 
conditioned  that  the  said  pawnbroker,  junk  dealer,  or  keeper  of  a 
second-hand  store,  will,  in  all  respects,  conform  to  the  require- 
ments of  this  chapter  and.  the  laws  of  this  State,  relating  to  said 
business.  The  amount  of  said  pawnbroker’s  bond  shall  be  $300; 
the  amount  of  said  junk  dealer’s  bond  shall  be  $200;  the  amount 
of  said  keeper  of  second-hand  store’s  bond  shall  be  $200. 

657.  § 21.  Every  person  so  licensed  as  such  pawnbroker, 
junk  dealer  or  keeper  of  a second-hand  store,  shall  keep  at  his 
place  of  business  a substantially  bound  book,  in  which  he  shall 
enter  in  writing  in  ink  a minute  description  of  all  property,  of 
the  character  included  in  sections  17,  18  and  19  of  this  chapter, 
received  on  deposit  or  purchased  as  aforesaid  in  the  course  of  his 
business  as  such  pawnbroker,  junk  dealer  or  keeper  of  second- 
hand store,  the  times  when  he  received  the  same,  and  whether 
received  on  deposit  or  pledge,  or  by  absolute  purchase,  and  par- 
ticularly mentioning  any  prominent  or  descriptive  mark  that  may 


REVISED  ORDINANCES. 


211 


be  on  such  property  when  the  same  is  presented  for  sale  or  pledge, 
together  with  the  name  and  residence  of  the  party  offering  the 
same;  and  if  the  person  offering  property  for  pledge,  sale  or  pawn 
is  not*  a resident  of  the  city  of  Galesburg,  it  shall  then  be  the 
duty  of  said  pawnbroker,  junk  dealer  or  keeper  of  a second-hand 
store,  to  enter  in  said  book  a particular  description  of  the  person 
offering  said  property,  so  that  he  may  be  identified  thereby.  Said 
book  shall  be  kept  clean  and  legible,  and  no  entry  therein  shall 
be  obliterated,  defaced  or  erased,  and  all  entries  therein  shall  be 
made  with  a good  durable  ink.  Every  person  licensed  as  a pawn- 
broker, junk  dealer  or  keeper  of  a second-hand  store,  who  may 
fail  or  neglect  to  comply  with  this  section  shall  be  subject  to  a 
penalty  of  not  less  than  five  nor  more  than  twenty-five  dollars. 

658.  § 22.  Every  person  so  licensed  as  aforesaid,  shall  dur- 
ing the  ordinary  houi  s of  business,  when  requested  by  the  Mayor, 
police  officer  or  other  public  officer  of  the  city  or  of  the  county  of 
Knox,  submit  and  exhibit  such  book  mentioned  in  the  next  pre- 
ceding section  to  the  inspection  of  such  Mayor,  police  officer  or 
other  public  officer.  And  he  shall  also  exhibit  any  goods,  or  per- 
sonal property  of  the  character  included  in  sections  17,  18  and  19 
of  this  chapter,  received  in  pledge  or  purchased  by  him,  to  the 
inspection  of  such  officer  whenever  so  requested  to  do.  And 
every  person  licensed  as  aforesaid,  who  shall  refuse  to  exhibit 
such  book  or  articles  as  above  provided,  shall  be  subject  to  a pen- 
alty of  not  less  than  twenty-five  dollars. 

659.  § 23.  Every  person  licensed  to  keep  a pawnbroker’s 
shop,  junk  shop  or  second-hand  store,  shall  in  good  faith  use  every 
precaution  in  his  power  to  prevent  his  place  of  business  from  be- 
coming the  receptacle  of  stolen  goods,  and  whenever  any  article 
of  property  is  offered  to  him  for  pledge,  pawn  or  sale  under  such 
circumstances  as  to  create  in  the  mind  of  a reasonable  and  cau- 
tious person  suspicions  that  the  same  may  have  been  stolen,  or 
that  the  person  so  offering  the  same  is  not  the  bona  fide  owner 
thereof,  he  shall  immediately  notify  the  police  of  his  suspicions. 
And  it  shall  be  his  duty  to  retain  all  goods  or  articles  'of  value 
purchased  by  him  of  persons  who  are  not  residents  of  this  city,  at 
least  twenty-four  hours  before  he  may  sell  the  same,  and  during 
that  time  he  shall  keep  such  goods  or  articles  of  property  in  plain 
view  of  all  persons  who  may  visit  his  place  of  business.  And  for 
every  violation  of  this  section  he  shall  be  subject  to  a penalty  of 
not  less  than  ten  nor  more  than  twenty-five  dollars. 

660.  § 24.  No  person  licensed  as  aforesaid  shall  take  or  re- 
ceive in  pawn  or  }>ledge  for  money  loaned,  or  shall  take,  receive  or 
purchase  in  the  line  of  his  business  as  a pawnbroker,  junk  dealer 
or  keeper  of  a second-hand  store,  any  article,  property  or  thing  of 


212 


KEVISED  ORDINANCES. 


and  from  any  minor,  or  any  article,  property  or  thing  of  and  from 
any  person,  the  ownership  of  which  property  is  in  or  claimed  by 
any  minor,  the  said  pawnbroker,  junk  dealer  or  keeper  of  a sec- 
ond-hand store  knowing  said  property  to  be  owned  or  claimed  by 
such  minor,  nor  from  any  person  appearing  to  be  intoxicated,  nor 
from  any  person  known  to  be  a thief,  or  to  have  been  convicted 
of  larceny  or  burglarly.  Any  person  violating  either  of  the  pro- 
visions of  this  section  shall,  on  conviction,  be  fined  in  a sum  not 
less  than  five  dollars  for  each  and  every  offense  : Provided^  that 

this  chapter  shall  not  apply  to  any  person  or  persons  conducting 
or  carrying  on  a hardware  store,  nor  any  foundry,  rolling  mill  or 
establishment  for  the  manufacture  of  articles  of  iron,  only  so  far 
as  it  pertains  to  buying  from  boys  or  minors  as  provided  in  this 
section. 

661.  § 25.  Any  person  or  company  who  shall  engage  in  the 
business  of  removing  the  contents  of  privy  vaults  within  the  city, 
for  hire  and  profit,  shall  be  deemed  night  scavengers  within  the 
meaning  of  this  chapter.  No  person  or  company  shall  exercise 
the  calling  of  night  scavenger  within  the  city  without  first  ob- 
taining a license  in  pursuance  hereof.  The  City  Council  may 
license  one  or  more  night  scavengers : Provided^  the  person  apply- 
ing therefor  shall  execute  to  the  city  of  Galesburg  a bond,  in  the 
sum  of  two  hundred  dollars,  with  surety,  to  be  approved  by  the 
Mayor,  conditioned  that  such  night  scavenger  shall  well  and  truly 
keep  and  perform  all  and  every  of  the  provisions  and  restrictions 
of  this  chapter  : And  provided^  further^  such  night  scavenger 
shall  pay  for  the  use  of  the  city,  the  sum  hereinafter  fixed  for  such 
license,  and  no  other  fees. 

662.  § 26.  Such  night  scavenger  so  licensed  shall  each  pro- 
vide himself  with  a team,  and  wagon  with  a covered  water-tight 
box,  of  the  capacity  of  twenty-seven  cubic  feet,  which  said  box, 
when  filled,  shall  be  deemed  a load.  Upon  each  side  of  said  wagon 
box  shall  be  painted  in  letters  and  figures,  the  name  and  number 
of  such  license;  and  also  a transparent  light  showing  the  word 
“Scavenger,”  and  the  number  of  the  license,  in  letters,  words  and 
figures,  so  that  the  sante  can  be  read  by  all  passers  by.  It  shall  be 
the  right  and  duty  of  such  night  scavenger  so  licensed,  when  re- 
quested by  the  owner,  agent  or  occupant  of  any  premises,  wherever 
any  privy  vault  is  situated  within  the  city,  to  cleanse  and  remove 
the  contents  of  the  vault  thereof,  as  hereinafter  provided  ; and  to 
deposit  the  same  at  such  places  as  may  from  time  to  time  be  desig- 
nated by  the  Commissioner  of  Health  of  the  city  : Provided^  no 
such  privy  vault  shall  be  opened  or  contents  thereof  disturbed  or 
removed  between  the  hours  of  four  o’clock  a.  m.,  and  ten  o’clock 
p.  m.  of  any  day ; nor  shall  such  contents  be  deposited  or  buried 


REVISED  ORDINANCES. 


213 


within  the  city,  except  upon  the  written  permission  of  the  Com- 
missioner of  Health  of  said  city  ; and  in  such  manner  and  places 
as  shall  be  by  him  directed  : And  provided^  further^  that  if  any 

night  scavenger  shall  not  dispose  of  said  contents  as  above  pro- 
vided, and  cover  the  same  so  as  to  prevent  any  smell  arising 
therefrom,  his  license  shall  be  forfeited  ; and  may  be  immediately 
revoked  and  annulled  by  the  Mayor  of  this  city.  Any  owner  or 
driver  of  any  night  scavenger  wagon,  who  shall  violate  any  pro- 
vision of  this  chapter,  or  disobey  the  written  order  of  the  Com- 
missioner of  Health,  respecting  the  removal  and  deposit  of  the 
contents  of  any  privy  vault  shall  be  fined  not  less  than  five  nor 
more  than  fifty  dollars  for  each  offense. 

663.  § 27.  Owners  or  occupants  of  property  upon  which  are 

situated  privy  vaults  within  the  city,  desiring  to  clean  the  same 
and  remove  the  contents  thereof  themselves  without  the  aid  of  the 
night  scavengers,  as  aforesaid,  shall  not  be  allowed  to  do  so  except 
upon  the  written  permission  of  the  Commissioner  of  Health  of 
the  city  ; and  then  only  in  such  manner  as  in  said  permit  be 
directed  : Provided^  the  Commissioner  of  Health  shall  have  no 
power  to  permit  the  contents  of  any  privy  vault  to  be  disturbed  or 
removed  except  between  the  hours  mentioned  in  the  preceding 
section  : Provided^  further^  that  no  delay  or  refusal  of  the  Com- 
missioner of  Health  to  grant  such  permit  shall  be  an  excuse  or 
justification  to  any  party  for  not  cleaning  any  privy  vault  when 
directed  to  do  so  by  the  Board  or  Commissioner  of  Health.  Any 
person  violating  the  provisions  of  this  section  shall  be  subject  to 
a penalty  of  not  less  than  five  dollars  nor  more  than  fifty  dollars. 

, 664.  § 28.  Such  night  scavengers  licensed  as  aforesaid,  shall 

be  allowed  to  charge  and  receive  for  each  load  by  them  so  taken, 
removed  and  buried,  a sum  not  exceeding  five  dollars  : Provided^ 
such  scavenger  having  undertaken  such  work  on  any  privy  vault, 
shall,  speedily  and  without  delay,  proceed  with  the  same,  and  for 
no  reason  abandon  it  until  it  is  completed,  in  all  cases  leaving 
the  privy  in  as  good  condition  upon  the  vault  as  when  the  work 
was  undertaken. 

665,  § 29.  No  license  granted  under  this  chapter  shall  ex 

tend  longer  than  the  thirtieth  day  of  April  next  after  the  same  is 
issued  ; and  quarterly  licenses  shall  expire  on  the  last  days  of 
.July,  October,  January  and  April  of  each  and  every  license  year. 
No  license,  other  than  yearly  licenses,  shall  be  granted  for  less 
than  the  periods  mentioned  ; and  no  license  shall  be  granted  when 
a yearly  rate  only  is  mentioned,  except  for  one  year  or  the  unex- 
pired portion  thereof,  beginning  on  the  first  day  of  the  (quarter  in 
which  application  is  made  for  such  license  : Provided^  no  such 
license  shall  be  granted  for  a less  period  than  a quarter. 


214  • 


REVISED  ORDINANCES. 


666.  § 30.  Tlie  following  shall  be  the  regular  sums  to  be 

paid  for  licenses  when  the  same  are  issued,  for  the  periods  men- 
tioned, or  a proportionate  sum  when  granted  for  an  un expired 
part  of  a year;  and  no  license  shall  issue  until  all  of  the  same  is 
paid,  viz  ; 

Auctioneers,  per  quarter,  five  dollars. 

Auctioneers,  per  annum,  ten  dollars. 

Druggists,  per  annum,  fifteen  dollars. 

Draymen,  per  annum,  five  dollars. 

Dealers  in  ice,  per  annum,  five  dollars. 

Hackmen,  per  day,  one  dollar. 

Hackmen,  per  week,  three  dollars. 

Hackmen,  per  annum,  twelve  dollars. 

Provided,  that  hackmen  who  charge  only  five  cents  fare,  shall 
pay  per  annum,  five  dollars. 

Hawkers,  per  day,  five  dollars. 

Junk  dealers,  per  annum,  fifteen  dollars. 

Keepers  of  auction  stores,  per  day,  ten  dollars. 

Keepers  of  auction  stores,  per  quarter,  one  hundred  dollars. 

Keepers  of  auction  stores,  per  year,  two  hundred  dollars. 

Keepers  of  billiard  and  pool  tables,  or  either,  per  year,  for  first 
table,  twenty-five  dollars. 

Keepers  of  billiard  and  pool  tables,  per  year,  for  each  additional 
table,  fifteen  dollars. 

Keepers  of  soda  fountains,  per  annum,  five  dollars. 

Keepers  of  bowling  alleys,  per  annum,  twenty-five  dollars. 

Keepers  of  gunpowder,  per  annum,  three  dollars. 

Keepers  of  second-hand  stores,  per  annum,  twenty-five  dollars. 

Night  scavengers,  per  annum,  five  dollars. 

Peddlers,  except  peddlers  of  meat,  fish,  milk,  ice  or  bread,  per 
day,  one  to  ten  dollars;  per  week,  three  to  twenty-five  dollars; 
per  month,  ten  to  one  hundred  dollars. 

Pawnbrokers,  per  annum,  one  hundred  dollars. 

Circus,  menagerie,  or  either,  per  day,  seventy-five  dollars. 

Side-shows  accompanying  circus  and  menagerie,  per  da^q  each 
ten  dollars. 

Other  show’s  under  canvass,  and  not  in  a house,  per  day,  ten  to 
twenty-five  dollars. 

Theatrical  or  musical  performances,  per  day,  five  dollars. 

Minstrels,  per  day,  five  dollars. 

Any  other  exhibition  in  a house,  and  to  be  licensed,  per  day, 
one  to  five  dollars. 

The  keeper  of  any  place  or  stand  kept  for  purposes  of  ball- 
throwing  or  target  shooting,  or  the  employer  of  any  other  device, 
for  purposes  of  amusement  or  recreation,  or  exhibitions  of  any 


REVISED  ORDINANCES. 


215 


kind,  not  otherwise  provided  for  in  this  chapter,  shall  pay  as 
license,  per  day,  one  to  five  dollars;  per  week,  five  to  ten  dollars; 
per  year,  twenty  to  fifty  dollars. 

h67.  § 31.  No  license  shall  be  granted  to  any  person  who 

shall  not  be  at  the  time  application  is  made  therefor  a person  of 
good  moral  character. 

668.  ^ 32.  The  Clerk  shall  keep  a registry  of  all  licenses, 

showing  date  of  issue,  time  of  expiration,  business  licensed,  and 
amount  paid;  and  uo  license  shall  be  issued  until  the  Treasurer’s 
receipt  for  the  license  fee  shall  be  delivered  to  the  Clerk.  And 
all  licenses  shall  be  subject  to  all  ordinances  in  relation  to  such 
licenses  which  may  be  in  force  at  the  time  of  issuing  the  same, 
or  made  subsequently;  and  if  any  person  licensed  shall  violate 
any  provision  of  any  ordinance  in  relation  to  his  license,  the  said 
license  may  be  revoked  in  the  discretion  of  the  Mayor  or  City 
Council;  and  the  party  licensed  may  be  proceeded  against  for  such 
fine  or  penalty  as  may  be  incurred  by  reason  of  such  violation. 
No  license  shall  be  assignable  or  transferable  except  by  permis- 
sion of  the  Mayor  first  endorsed  thereon;  nor  shall  any  person  be 
permitted  to  act  under  one  license  at  more  than  one  place  at  a 
time,  or  at  any  other  than  the  place  named,  unless  so  expressly 
mentioned  in  his  license. 


CHAPTER  XXVIII. 

JUSTICES  OF  THE  PEACE. 


Section. 

1.  Justices  shall  keep  docket  of  city  cases. 

2.  Shall  make  reports  to  Council  monthly. 


Section. 

3.  Shall  pay  to  Treasurer  all  fines  col- 
lected, etc. 


669.  § 1.  The  several  .lustices  of  the  Peace  of  this  city  shall 
keep  a full  and  complete  docket  of  all  city  cases  commenced, 
tried  and  disposed  of  before  them,  and  note'  upon  the  docket  so 
kept  what  disposition  was  made  as  to  fines  and  forfeitures,  or 
steps  taken  in  each  and  every  case. 

670.  § 2.  The  several  Justices  of  the  city  shall,  at  the  close 
of  every  month,  make,  upon  blanks  to  be  furnished  them  by  the 
City  Clerk,  reports  to  the  City  Council  of  all  cases,  fines  and  for- 
feitures imposed,  collected  and  paid  to  them,  with  the  name  of 
the  defendant,  amount  of  fine,  fees  and  forfeitures  collected  or 
otherwise  disposed  of. 


216 


REVISED  ORDINANCES. 


671.  § 3.  The  said  several  Justices  shall  with  their  said  re 

port  as  directed  in  the  preceding  section,  pay  into  the  city  treas- 
ury all  fines  and  forfeitures  for  the  violation  of  city  ordinances, 
and  all  other  moneys  collected  by  them  for  the  use  of  the  city. 


CHAPTER  XXIX. 
MISDEMEA.NORH. 

ARTICLE  1.— BOYS. 


Section. 

1.  Loitering:,  flj'iug  of  kites,  etc.  — pen- 
alty, etc. 

a.  Riding  velocipede,  etc.— penalty  for. 


Section. 

3.  Discharging  rubber  gun— penalty  for, 

4.  Robbing  birds’  nests— penalty  for. 


672.  § 1.  Any  boy,  or  other  person  who  shall,  in  the  fre- 
quented streets,  use  a bow  and  arrow,  rise  or  fly  a kite,  explode  or 
set  off  any  fire-arms,  fire-balls,  fire-cracker,  torpedo,  rocket,  bal- 
loon, or  other  fire- works,  or  pursue  any  other  amusement  calcu- 
lated to  impede  travel,  or  frighten  any  animal;  or  endanger  any 
property,  or  to  injure  or  annoy  any  person,  or  shall  be  found  loi- 
tering or  strolling  about  in  a manner  tending  to  produce  disturb- 
ance, mischief'Or  crime,  and  shall  refuse  to  go  immediately  to  his 
home  when  so  ordered  by  the  Mayor  or  any  police  officer,  or 
shall  by  any  loud  noises,  or  offensive  behavior,  either  singly,  or 
when  two  or  more  are  assembled  together,  disturb  the  peace  and 
quiet  of  any  person,  family,  assembly  or  congregation,  or  by 
climbing  up  into  any  wagon,  sleigh,  carriage  or  other  vehicle,  or 
climbing  into  trees,  or  on  housetops,  or  by  throwing  stones  or 
other  missiles,  shall  disturb  or  annoy  any  person,  shall,  for  each 
offense,  be  subject  to  a penalty  of  not  less  than  one  dollar;  and 
in  every  case  in  which  the  parent  or  guardian  shall  knowingly 
and  willingly  permit  such  offense,  such  parent  or  guardian  shall 
be  subject  to  a penalty  of  not  less  than  three  dollars. 

673.  § 2.  Whoever  upon  any  sidewalk  in  any  part  of  the 
city,  shall  ride  or  drive  any  bicycle  or  velocipede  shall  be  subject 
to  a penalty  of  not  less  than  three  dollars  for  each  offense. 

674.  § 3.  Whoever  shall  within  the  city  discharge  any  stones, 
shot,  or  other  missile  from  any  instrument  known  as,  or  in  the 
nature  of  a rubber  gun,  shall  be  subject  to  a penalty  of  not  less 
than  three  dollars. 

675.  § 4.  Whoever  within  the  city  shall,  by  the  use  of  fire- 
arms, target-guns,  rubber-guns,  or  any  missile  whatever,  kill  or 


217 


REVISED  ORDINANCES. 

maim  any  wild  bird,  or  rob  the  nest  of  any  such  bird  not  com- 
monly known  as  a game  bird,  shall  be  subject  to  a penalty  of  not 
less  than  three  dollars  : Provided^  it  shall  be  no  violation  of  this 
section  to  kill  with  fire  arms  the  bird  called  the  English  sparrow. 


ARTICLE  2.--CHEATS  AND  SWINDLERS. 


Section. 

1.  False  weights  and  measures. 

2.  Altering  certificates  of  City  Weigher, 

etc. 

3.  Selling  adulterated  articles. 


Section. 

4.  Selling  impure  butter. 

5.  Board  of  Health  may  examine  adulter- 

ated articles. 


676.  § 1.  Whoever  shall  knowingly  use  any  false  scale  or 
weight,  beam  or  measure,  in  the  purchase,  sale  or  delivery  of  any 
goods,  articles  or  property,  or  shall  use  the  same  in  any  way 
about  his  own  business,  or  the  business  of  another,  in  buying 
and  selling,  or  delivering  things  that  may  be  bought  or  sold  by 
measure  or  weight,  knowing  that  such  weight,  scale,  beam  or 
measure  is  not  accurate  according  to  the  standard  prescribed  by 
law  and  the  ordinances  of  the  city,  or  shall  sell  or  deliver  goods, 
or  any  article  or  property  by  weight  or  measure,  at  weights, 
amounts  or  measurements,  knowing  the  same  to  be  less  than  the 
true  weight,  amount  or  measure  for  which  the  same  was  sold  or 
delivered,  shall  be  subject  to  a penalty  of  not  less  than  ten  dollars. 

677.  § 2.  Whoever  shall  alter  any  certificate  of  the  City 
Weigher  or  City  Inspector,  pr  aoy  other  city  officer  authorized 
to  weigh,  measure  or  inspect,  or  attempt  to  use  the  same  for  any 
other  load  or  parcel  than  the  one  for  which  it  was  delivered,  or 
shall  after  the  weighing  or  measuring,  and  before  the  sale  or  de- 
livery thereof,  diminish  the  quantity  or  change  the  quality  of  the 
load  or  article  so  weighed  or  measured,  or  shall  practice  any  other 

/ fraud  or  deceit  in  or  about  the  weighing,  measuring,  sale  or  de- 
livery of  any  load,  or  article,  or  parcel  of  goods  or  property,  shall 
be  subject  to  a penalty  of  not  less  than  ten  dollars. 

678.  § 3.  Whoever  shall  knowingly  offer  for  sale,  or  sell  or 
dispose  by  barter,  exchange  or  otherwise,  any  butter,  lard,  wax, 
or  like  article  ; or  grain,  flour,  sugar  or  like  article  ; or  other 
thing  or  things  used  for  commerce  and  food,  in  which  shall  be 
knowingly  and  deceitfully  mixed  any  sand,  terra  alba,  stones  or 
other  or  different  and  unfit  articles,  shall  be  subject  to  a penalty 
of  not  less  than  twenty-five  dollars. 

679.  § 4.  No  person  shall  sell  or  offer  for  sale,  or  expose  to 
sale  in  this  city,  any  compound,  article  or  thing  as  butter,  or  rep- 


218 


REVISED  O R D I X A X C E^S  . 

resenting  or  holding  out  the  game  to  be  butter,  except  when  wholly 
made  from  pure  cream;  and  every  person  having  in  his  possession, 
for  the  purpose  of  sale,  any  compound  whatever,  in  lieu  of  or  as  a 
substitute  for  butter,  shall  have  the  box,  vessel  or  package  con- 
taining the  same  plainly  stamped  or  marked  with  the  appropriate 
name  of  such  compound,  article  or  thing,  which  name  shall  be 
other  than  butter,  and  any  person  violating  this  section  shall  be 
subject  to  a penalty  of  not  less  than  twenty-five  dollars. 

fi80.  § 5.  The  Board  of  Health,  or  any  member  thereof,  is 

hereby  vested  with  authority  to  examine  any  articles  that  may  be 
manufactured  or  otfered  for  sale,  the  adulteration  of  which  is  pro- 
hibited by  this  chapter. 


ARTICLE  3.-DRUXKEXXESS. 

Section.  Section. 

1.  Penalty  for.  2.  Supplying  prisoners  with  liquor— pen- 

alty for. 

681.  § 1.  Whoever  shall  be  found  in  a state  of  intoxication 
in  any  public  place  or  in  any  dram  shop,  or  in  any  place  open  to 
public  view,  shall  be  subject  to  a penalty  of  not  less  than  three 
dollars. 

682.  § 2.  Whoever  shall  supply  or  attempt  to  supply  any 
city  prisoner,  or  any  person  while  committed  to  the  city  prison, 
with  intoxicating  liquor,  except  upon  the  written  prescription  of 
some  respectable  physician  of  the  city,  shall  be  subject  to  a pen- 
alty of  not  less  than  twenty-five  dollars. 


ARTICLE  4.— FIRE-ARMS. 

Section.  ' Section. 

1.  Selling  fire-arms  to  minor  penalty  for.  4 Minor  shall  not  have  in  possession. 

2.  Discharging  fire  works— penalty  for. 

3.  Toy  pistols— penalty  for  keeping.  | t)uty  of  police. 

683.  § 1.  No  person  shall,  within  the  limits  of  tliis  city,  sell, 
loan  or  furnish  to  any  person  under  the  age  of  eighteen  years, 
any  gun,  pistol,  fowling  piece  or  other  fire-arm  without  the  writ- 
ten consent  of  his  parents,  under  a penalty  of  not  less  than  ten 
dollars. 

684.  § 2.  No  person  shall  fire,  discharge  or  set  olf  within 
this  city  any  rocket,  cracker,  torpedo,  squib  or  other  fire-work,  or 


REVISED  ORDINANCES. 


219 


anything  containing  any  substance  of  an  explosive  character, 
under  a penalty  of  not  less  than  three  dollars  for  each  offense: 
Provided^  that  the  Mayor  may  by  proclamation  permit  the  use  of 
such  fire-arms  on  the  4th  of  July  and  such  other  occasions  as  he 
may  deem  proper. 

685.  § 3.  No  person  shall  sell  or  keep  for  sale  within  this 
city  any  toy  pistol  of  any  sort  for  the  explosion  of  percussion 
caps,  be  the  same  of  metal  or  paper,  and  any  person  violating 
this  section  shall  be  subject  to  a penalty  of  not  less  than  twenty- 
five  dollars. 

686.  § 4.  Any  minor  or  other  person  found  in  the  possession 
of  any  of  the  articles  prohibited  in  the  preceding  section  shall  be 
subject  to  a penalty  of  not  less  than  two  dollars. 

687.  § 5.  It  shall  be  the  duty  of  the  police  force  and  every 
member  thereof  to  see  that  the  provisions  of  this  article  are 
strictly  complied  with. 


ARTICLE  5.— GAMING. 


Section . 

1.  Keeping  gambling  instruments. 

2.  Keeping  gaming  room,  etc. 

3.  Playing  gambling  games. 

4.  Duties  of  police  in  relation  thereto. 


Section. 

5.  Possession  of  gaming  implements. 

6.  Frequenting,  etc.,  gaming  houses. 

7.  Destruction  of  gambling  implements. 


688.  § 1.  Whoever  shall  set  up,  keep  or  maintain,  or  permit 
to  be  set  up,  kept  or  maintained  in  any  house,  room  or  place 
within  this  city,  occupied  or  controlled  by  him,  any  table,  instru- 
ment, device  or  thing  for  the  purjtose  of  gambling,  or  with  which 
money,  liquors,  or  anything  of  value  shall  be  played  for,  shall  be 
subject  to  a penalty  of  not  less  than  one  hundred  dollars  for  each 
offense. 

689.  § 2,  Whoever  shall  keep  a room  or  rooms,  or  place  for 
the  purpose  of  playing  poker,  or  any  other  game  whatever,  with 
cards,  fop  the  purpose  of  gambling,  and  upon  which  money  or 
anything  of  value  is  staked,  shall  be  subject  to  a penalty  of  not 
less  than  one  hundred  dollars. 

690.  § 8.  Whoever  shall  deal,  play  or  engage  in  faro,  rou- 
lette, poker,  or  any  other  device  or  game  of  chance,  either  as 
banker,  dealer,  player,  or  otherwise,  for  the  purpose  of  gaming, 
shall  be  subject  to  the  penalty  of  not  less  than  twenty-five  dollars 
for  each  offense. 

691.  § 4.  It  shall  be  the  duty  of  the  police  force  to  give 
information  to  the  Mayor  of  any  house,  room  or  place  where  such 


220 


REVISED  ORDINANCES. 


games  or  devices  for  the  purpose  of  gaming  are  maintained;  and 
if  at  any  time  any  police  officer  has  good  reason  to  suspect  that 
this  article  is  being  violated  in  any  particular,  he  shall  forthwith 
make  complaint  thereof  before  some  Justice  of  the  Peace  or 
Police  Magistrate,  and  obtain  a warrant  authorizing  him  to  enter 
such  room  or  place;  said  police  officer  shall  thereupon  have 
authority  to  demand  entry  therein,  and  any  person  or  persons 
who  shall  refuse  or  neglect  to  open  the  door  or  entrance  to  such 
house,  room  or  place,  upon  application  of  any  police  officer  having 
such  warrant,  shall  be  subject  to  a penalty  of  not  less  than  twenty- 
five  dollars  for  each  offense,  and  such  officer  shall  have  the  right 
to  enter  said  premises  by  force. 

692.  § 5.  No  person  shall  bring  into  this  city,  or  have  in  his, 
her  or  their  possession  in  this  city,  any  table,  thing  or  device  of 
any  kind  or  nature,  whereon  or  with  which  money  or  anything  of 
value  may  in  any  manner  be  played  for,  under  a penalty  of  not 
less  than  one  hundred  dollars. 

693.  § 6.  Any  person  who  is  a frequenter,  visitor,  inmate  or 
solicitor  for  any  house,  room  or  place  in  this  city  kept  for  the 
purposes  of  gaming,  or  in  which  any  of  the  games  covered  by 
this , article  are  played  for  money,  liquor,  or  any  other  thing  of 
value,  shall  be  subject  to  a penalty  of  not  less  than  twenty-five 
dollars. 

694.  § 7.  It  shall  be  the  duty  of  any  and  every  member  of 
the  police  force  to  sieze  any  table,  instrument,  device  or  thing 
used  for  the  purposes  of  gaming;  and  all  such  tables,  devices, 
instruments  and  things  shall  be  destroyed  under  the  supervision 
of  the  Mayor  in  accordance  with  the  provisions  of  section  3, 
Chapter  LIJI.  of  this  ordinance. 


ARTICLE  6.— GAS  AND  TELEGRAPH. 

Section. 

1.  Defacing  or  destroying  street  lamps,  lamp  posts,  telegraph  posts  or  wires. 

695.  § 1.  Whoever  shall  willfully,  maliciously,  or  negligently 

break,  deface,  destroy,  or  in  any  wise  injure  any  street  lamp  or 
lamp  post,  or  any  gas  pipe,  or  telegraph  or  telephone  post,  or  tele- 
graph or  telephone  wire,  or  without  due  authority  shall  light  or 
extinguish  any  street  lamp,  or  turn  on  the  gas  therein,  or  other- 
wise disturb  or  injure  any  gas  pipe,  gasoline  lamp,  telegraph 
post,  wire  or  gas  apparatus,  to  the  injury  or  inconvenience  of  any 
other  person,  or  body  corporate  or  politic,  shall  be  subject  to  a 
penalty  of  not  less  than  five  dollars. 


REVISED  OEDlNAlSrCES. 


221 


ARTICLE  7.— GUNPOWDER,  FIRES,  FIRE-ARMS. 


Section. 

1.  Where  powder  is  to  be  kept. 

2.  Sign  to  be  kept  up. 

3.  Bringing  in  powder  concealed. 

4.  Carrying  carelessly  in  public. 

5.  In  case  of  fire,  to  remove. 


Section. 

6.  Firing  in  streets. 

7.  Depositing  ashes. 

8.  Stacking  straw. 

9.  Leaving  or  using  fire  in  careless  man 

ner 


696.  § 1.  The  keeping  for  sale  or  selling  of  gunpowder,  with- 
out a license  therefor,  is  prohibited,  and  no  license  shall  be  issued 
allowing  the  keeping  in  store  of  more  than  twenty-five  pounds  of 
gunpowder  at  any  one  time,  unless  kept  in  some  secure  magazine 
or  fire-proof  powder-house,  located  at  least  one  hundred  feet  from 
any  other  occupied  building,  and  when  kept  in  a store  or  place 
for  retail,  it  shall  be  kept  in  tin  or  other  metallic  cannisters  or 
cases,  and  in  a part  of  the  building  remote  from  any  fire,  lamp, 
candle  or  burning  matter,  liable  to  produce  explosion,  and  who- 
ever shall  violate  this  section,  or  any  provision  of  it,  shall  be  sub- 
ject to  a penalty  of  twenty  dollars. 

697.  § 2.  Every  person  licensed  to  sell  gunpowder  shall  keep 
a sign  with  the  words,  “Gunpowder  for  Sale,”  in  plain  letters,  in 
some  conspicuous  place  in  the  front  of  the  building  where  such 
powder  is  kept.  And  no  sales  of  gunpowder,  except  in  unopened 
cans,  shall  be  made  after  night,  and  any  person  convicted  of  vio- 
lation of  any  of  the  provisions  of  this  section  shall  be  subject  to  a 
penalty  of  ten  dollars. 

698.  § 3.  Whoever  shall  bring  or  cause  to  be  brought  into 
the  city  any  gunpowder  concealed  in  any  box  or  other  package 
marked  as  containing  other  articles,  shall  be  subject  to  a penalty 
of  twenty-five  dollars. 

699.  § 4.  The  carrying  of  gunpowder  through  the  streets  or 
other  public  places  in  a careless  or  negligent  manner,  or  the 
remaining  with  such  powder  in  any  public  place  longer  than 
necessary  for  the  transportation  of  the  same  from  one  place  to 
another,  shall  subject  the  party  offending  to  a penalty  of  not  less 
than  five  dollars. 

700.  § 5.  In  case  any  building  with  gunpowder  in  it  takes 
fire,  the  occupant  or  keeper  thereof  shall  at  once  remove  such 
powder  to  some  safe  place,  and  if  unable  to  do  so  he  shall  at  once 
notify  the  Mayor,  or  such  officer  or  person  as  may  be  in  command 
at  the  fire,  of  the  location  and  quantity  of  such  powder,  and  on 
failure  to  comply  with  the  provisions  of  this  section  the  party 
offending  shall  be  subject  to  a penalty  of  fifty  dollars. 

701.  § 6.  Whoever  shall,  in  the  frequented  streets  or  other 
inhabited  part  of  the  city,  fire  or  discharge  any  cannon,  gun,  pis- 


REVISED  ORDINANCES. 


00-2 

tol,  or  other  fire-arm,  or  shall  set  off,  fire  or  explode  any  torpedo, 
fire-cracker,  fire-ball,  rocket  or  other  fire- works  whatever,  or  shall 
make  or  kindle  any  bonfire,  save  as  hereinafter  permitted,  shall 
be  subject  to  a penalty  of  not  less  than  three  dollars.  But  the 
discharge  of  fire-arms,  the  setting  off  or  exploding  fire-works  and 
the  making  of  bonfires  upon  national  holidays,  and  in  the  cele- 
bration of  other  public  and  general  events,  or  the  discharge  of  fire- 
arms by  the  members  of  a military  company  when  on  parade,  and 
under  orders  of  a commanding  officer,  or  by  any  city  officer  or 
other  person  in  the  discharge  of  any  duty  or  lawful  act,  and  not 
tending  to  endanger  the  safety  of  any  person  or  property,  shall 
not  be  deemed  a violation  of  this  section.  It  shall  be  the  duty  of 
any  person  desirous  of  using  and  firing  a cannon  or  other  fire- 
works, or  making  bonfires  on  lawful  occasions,  to  procure  the 
special  consent  of  the  Mayor  or  City  Marshal  as  to  the  time  and 
place  therefor,  that  the  same  may  be  done  with  the  least  inter- 
ruption or  danger. 

702.  § 7.  No  person  shall  deposit  ashes  in  or  near  any  build- 
ing not  fire-proof,  wherein  or  whereby  fire  may  be  likely  to  ensue, 
nor  in  the  streets,  or  elsewhere,  uncovered  and  unprotected  from 
the  wind,  or  any  combustible  material,  until  every  particle  of  fire 
is  extinguished,  and  any  violation  of  this  section  shall  subject  the 
offender  to  a penalty  of  not  less  than  five  dollars:  Provided^  ashes 
thrown  into  the  street,  or  on  open  ground  away  from  the  thickly 
inhabited  parts  of  the  city,  and  not  nearer  than  fifty  feet  to  any 
other  building-  or  thing  likely  to  take  fire,  shall  not  be  deemed  a 
violation  of  this  section. 

703.  § 8.  Whoever  shall  stack  or  deposit  hay,  straw,  or  other 
like  combustible  materials,  not  in  any  enclosed  stable  or  build- 
ing, and  within  fifty  feet  of  any  dwelling  house  or  building  where 
fire  is  kept,  or  shall  strew  or  leave  shavings,  straw,  paper,  or  other 
like  combustible  materials,  around  or  near  to  anv  buildino-  or 
property  likely  to  burn,  or  shall  set  fire  to  or  burn  on  the  open 
ground,  and  near  to  anv  building^  or  dwelling,  or  set  fire  to  anv 
shavings,  straw,  paper,  rubbish,  or  other  combustible  materials,  or 
shall  leave  any  fire  in  the  open  ground  unextinguished  after  night, 
or  shall  boil  any  pitch,  rosin,  tar,  oil,  or  other  inflammable  liquid 
or  substance,  except  in  some  secure  and  safe  building,  duly  pro- 
tected against  the  danger  of  fire,  or  if  in  the  open  air  at  least 
thirty  feet  from  any  building  likely  to  burn,  or  burn  out  any 
chimney  or  flue,  unless  when  raining,  or  when  the  roofs  and 
ground  are  covered  with  snow;  the  party  so  offending  against  any 
of  the  provisions  of  this  section  shall  be  subject  to  a penalty  of 
not  less  than  five  dollars. 

704.  i;  9.  Whoever  shall  negligently,  carelessly,  or  willfully 


REVISED  ORDIIl^AKCES. 


223 


make,  kindle,  or  leave,  any  coals  or  fire  on  any  planked  sidewalk 
or  crossing,  or  any  fire  in  the  open  air,  or  exposed  place,  or  care- 
lessly or  negligently  carry  burning  coals  or  other  matter  from 
which  the  flying  sparks  may  be  liable  to  do  injury  or  set  fire  to 
other  things,  or  shall  leave,  deposit  or  use  any  hot  ashes,  or  other 
dangerous  or  combustible  or  inflammable  thing  or  material,  or 
carry  any  light,  not  protected  by  a secure  lantern,  into  any  stable 
or  building  containing  straw  or  other  combustible  material,  or 
any  lighted  lamp,  candle,  gaslight  or  burning  matter,  at  such  a 
time  or  in  such  a manner  as  to  cause  or  endanger  injury  to  any 
building  or  property  thereby,  shall  be  subject  to  a penalty  of  not 
less  than  five  dollars. 


ARTICLE  8.— MISCELLANEOUS  PRACTICES. 


Section. 

1.  Possessing  burglars’  tools,  etc.;  pen- 

alty. 

2.  Amusements, etc.,  on  streets;  penalty. 

3.  Injuring  fences,  etc. ; penalty. 

4.  Throwing  rubbish,  etc.,  in  streets; 

penalty 

5.  Obstructing  water  in  street  or  sewer, 

etc.;  penalty. 

6.  Defacing  public  buildings,  etc. ; pen- 

alty. 

7.  Throwing  stones  in  street;  penalty. 

8.  Throwing  fruit,  rind,  or  peel  on  side- 

walk; penalty. 

9.  Obstructing  post  office  and  public 

places;  penalty.  | 

10.  Removing  sods  from  streets ; penalty 

11.  Who  are  vagrants ; penalty.  i 

12.  Exhibiting  stallion,  etc. ; penalty.  | 

13.  Keeping  house  of  prostitution ; pen-  : 

alty. 

14.  Indecent  exposure,  etc. ; penalty. 

15.  House  of  ill-fame ; declared  a nuisance. 

16.  Who  are  inmates  of. 

17.  yelling,  etc.,  of  lewd  books,  etc. ; pen- 

alty. 

18.  Indecent  act;  abusive  language,  etc. ; 

penalty.  i 

19.  Disturbing  religious  or  other  public  { 

assembly;  penalty,  etc.  ! 


Section. 

•20.  Jumping  on  cars,  etc. ; penalty  for. 

21.  Throwing  water  in  street  or  gutter; 

penalty  for. 

22.  ytauds,  etc.,  upon  sidewalk;  penalty. 

23.  Leaving  unhitched  team  in  street; 

penalty  for. 

24.  Driving  upon  and  over  hose;  penalty. 

25.  Drawing  off  or  tilling  cess-pool,  etc. ; 

penalty. 

26.  Unhealthy  meat,  etc. ; penalty  for  sell- 

iug. 

27.  Cleansing  slaughter  house;  penalty. 

28.  Board  of  Health  to  inspect. 

29.  Fruits,  etc.,  to  be  sold  by  bushel  or 

part  thereof;  penalty. 

30.  False  alarm  of  lire;  penalty. 

31.  Using  fire  apparatus  for  private  use; 

penal  ty. 

32.  Injuring  fire  apparatus ; penalty. 

33.  Spreading  small-pox;  penalty. 

34.  Selling  poison  without  label ; penalty. 

35.  Obstructing  Cedar  Fork  or  other  nat- 

ural drain. 

36.  Games  of  chance — sales  by;  penalty, 

etc. 

37.  Peddlers  -offensive  conduct  of;  pen- 

alty. 

■38.  Accessory  made  principal. 

29.  Court  trying  cause  to  apportion  pen- 
alty for  violation  of  ordinances. 


705.  § 1-  It  sliall  lie  uni  awful  for  any  person  to  have  in  his 

possession  any  tiippers  of  the  description  known  as  burglars’ 
nippers,  pick- lock,  skeleton  key,  key  to  be  used  with  bit  or  bits. 


224 


Revised  ordinances. 


jimmy  or  other  burg-lar  instrument  or  tool  of  whatsoever  kind 
or  nature,  unless  it  be  shown  that  such  possession  is  innocent,  or 
for  a lawful  purpose,  under  the  penalty  of  not  less  than  one  hun- 
dred dollars. 

706.  § 2.  No  person  shall  engage  in  any  game,  sport,  amuse- 
ment, or  exhibit  any  machine,  or  show  any  animal,  or  indulge  in 
any  acrobatic  feats,  or  do  anything  else  in  the  streets  or  upon  the 
sidewalk  which  shall  have  a tendency  to  frighten  horses,  or 
which  shall  collect  any  crowd  of  persons  so  as  to  interfere  with 
the  passage  of  teams  or  vehicles,  or  persons  passing  along  the 
streets  or  sidewalks;  and  any  person  violating  this  section  shall 
be  subject  to  a penalty  of  not  less  than  three  dollars  for  each 
olfense. 

707.  § 3.  No  person  shall  wantonly  mar,  injure,  deface  or 
destroy  any  fence,  sign-board,  or  sidewalk  in  any  street  or  public 
place  in  the  city,  under  a penalty  of  not  less  than  one  dollar  for 
each  olfense. 

708.  § 4.  No  person,  except  under  instructions  from  the 
Superintendent  of  Streets,  shall  throw,  c^st  or  put  into,  drop  or 
leave  in  any  street,  alley,  lane  or  public  place,  or  in  any  public 
uninclosed  grounds,  any  stones,  glass,  iron  or  other  metals,  or  any 
straw,  paper,  parings  of  fruit  or  vegetables,  or  any  rubbish  of  any 
sort,  under  a penalty  of  not  less  than  one  dollar  for  each  olfense. 

709.  § 5.  No  person  shall  stop  or  obstruct  the  passage  of  the 
water  of  any  street,  gutter  or  public  sewer,  culvert,  water  pipe  or 
hydrant  laid  by  the  city,  under  a penalty  of  not  less  than  live 
dollars. 

710.  § 6.  No  person  shall  cut,  injure,  mark  or  deface  any 
public  building  belonging  to  the  city,  or  any  tree,  grass,  shrub  or 
walk,  in  any  public  square  or  park,  under  a penalty  of  not  less 
than  two  dollars. 

711.  § 7.  No  person  shall  throw  or  cast  any  stone  or  other 
missile  in,  from  or  to,  any  street,  public  place,  or  inclosed  ground, 
under  a penalty  of  not  less  than  one  dollar,  nor  more  than  fifty 
dollars  for  each  offeTise. 

712.  § 8.  No  person  shall  cast,  throw,  lay  or  place  on  any 
sidewalk  in  this  city,  the  rind  or  peel  of  any  orange,  banana, 
apple,  or  other  fruit,  under  a penalty  of  not  less  than  one  dollar 
for  each  offense. 

713.  § 9.  No  person  shall  obstruct  or  encumber  any  street 

corner,  sidewalk,  the  post-office,  or  other  public  place  in  the  city, 
by  lounging  in  or  about  the  same;  and  after  being  requested  to 
move  on  by  any  police  officer,  and  refusal  to  do  so,  the  person  so 
ofi"ending  shall  be  subject  to  a penalty  of  not  less  than  five  dollars 
for  each  offense.  ' 


RETISED  ORDINANCES. 


225 


714.  § 10.  No  person  shall  dig,  cut  or  remove  any  sod  or 
earth  from  any  steet  or  other  public  place  within  the  city,  without 
a permit  from  the  Superintendent  of  Streets,  under  a penalty  of 
not  less  than  five  dollars  for  each  offense. 

715.  § 11.  All  idle  persons  who,  not  having  visible  means  of 
support,  live  without  lawful  employment;  all  persons  habitually 
and  idly  loitering  about,  or  wandering  abroad  and  visiting  or  stay- 
ing about  drinking  saloons,  houses  of  bad  repute,  gambling  houses, 
or  railroad  depots,  or  lodging  in  out*  houses,  sheds,  barns,  or  in 
the  open  air,  and  not  giving  a good  account  of  themselves;  all 
persons  wandering  abroad  and  begging,  or  who  go  about  from 
door  to  door,  or  place  themselves  in  the  streets  or  other  public 
places  to  beg  or  receive  alrhs,  shall  be  deemed  vagrants,  and 
upon  conviction  shall  be  subject  to  a penalty  of  not  less  than  five 
dollars. 

716.  § 12.  No  person  shall  indecently  exhibit  any  stud  horse, 
jack  or  bull,  or  let  any  such  horse  or  jack  to  any  mare  or  mares, 
or  aii}'^  bull  to  any  cow  or  cows,  within  the  limits  of  this  city, 
unless  in  some  enclosed  place  out  of  public  view,  under  a penalty 
of  not  less  than  ten  dollars. 

717.  § 13.  No  person  shall  keep  or  maintain,  or  be  an  inmate 
of,  or  in  any  way  be  connected  with,  or  in  any  way  contribute  to 
the  support  of  any  house  of  ill-fame,  or  any  house  reputed  to  be 
a house  of  ill-fame  or  assignation,  under  a penalty  of  not  less 
than  one  hundred  dollars  for  each  offense : Promded^  that  in 
the  case  of  inmates  of  such  house  the  penalty  upon  the  first 
conviction  hereunder  may  be  fixed  in  any  sum  not  less  than  fifty 
dollars. 


718.  § 14.  Any  person  appearing  in  a public  place  in  a state 
of  nudity  or  in  a dress  not  belonging  to  his  or  her  sex,  or  in  an 
indecent  or  lewd  dress,  or  who  shall  make  any  indecent  exposure 
of  his  or  her  person,  or  shall  be  guilty  of  any  lewd  or  indecent 
act  or  behavior,  shall  be  subject  to  a penalty  of  not  less  than 
twenty  dollars. 

719.  § 15.  Every  house  of  ill-fame  or  house  of  assignation, 
where  men  and  women  resort  for  the  purpose  of  prostitution,  is 
hereby  declared  to  be  a nuisance. 

720.  § 16.  Every  person  found  in  any  house  of  ill-fame  or 
assignation,  or  in  a house  reputed  to  be  a house  of  ill-fame  or 
assignation,  shall  be  considered  an  inmate  within  the  meaning  of 
section  thirteen  of  this  article. 

721.  § 17.  No  person  shall  exhibit,  sell,  or  offer  to  sell  or 
distribute,  any  indecent  or  lewd  book,  picture,  or  other  thing 
whatever  of  an  immoral  or  scandalous  nature,  nor  shall  any  per- 
son exhibit  or  perform  any  indecent,  immoral  or  lewd  play,  or 

15 


KEVISED  ORDINANCES. 


226 

Other  representation,  under  a penalty  in  either  case  of  not  less 
than  twenty-five  dollars. 

722.  § 18.  Any  person  who  shall  commit  any  indecent,  lewd 
or  filthy  act  in  any  place  in  the  city  not  specially  provided  for 
that  purpose,  or  shall  utter  any  lewd  or  filthy  words,  or  use  any 
threatening  or  abusive  language  in  the  hearing  of  other  persons 
publicly,  shall  be  subject  to  a penalty  of  not  less  than  five  dol- 
lars. 

723.  § 19-  Any  person  who  shall  willfully  disturb  any  con- 
gregation or  assembly  met  for  religious  worship  or  for  any  other 
lawful  purpose,  by  making  any  noise,  or  by  rude  and  indecent 
behavior,  or  profane  talking  within  their  place  of  worship  or 
assembling,  or  so  near  the  same  as  to  disturb  the  order  of  the 
meeting,  shall  be  subject  to  a penalty  of  not  less  than  ten  dollars. 

724.  § 20.  No  person  shall  get  upon  or  off,  or  attempt  to  get 
upon  or  off  any  locomotive  engine,  tender,  car,  or  train  of  cars, 
or  any  platform  or  step  thereof,  while  the  same  or  either  of  them 
are  in  motion,  without  express  permission  to  do  so  first  obtained 
from  those  in  charge  thereof,  and  any  person  violating  this  section 
shall  be  subject  to  a penalty  of  Jiot  loss  than  three  dollars. 

725.  § 21.  No  person  shall  throw  or  deposit  any  water  or 
other  licpiid  in  any  part  of  any  street,  alley  or  lane,  or  public 
place,  except  in  the  side  gutter  thereof  under  a penalty  of  not 
less  than  two  dollars  for  each  offense. 

726.  § 22.  No  person  shall  use  any  sidewalk,  street  or  other 
public  place  in  the  city  for  the  sale  of  any  fruit,  notions,  or  other 
merchandise,  without  the  written  consent  of  the  Mayor  first  ob- 
tained, and  the  Mayor  shall  require  the  written  consent  of  all 
persons  owning  the  premises  in  front  of  which  it  is  proposed  to 
locate  under  such  permission.  Any  violation  of  this  section  shall 
subject  the  offender  to  a penalty  of  not  less  than  three  dollars  for 
eacli  offense. 

727.  § 23.  It  shall  nof  be  lawful  for  any  person  to  leave  a 
horse  or  team  standing  in  the  streets  of  this  city  without  being 
properly  and  safeh^  tied.  A violation  of  the  provisions  of  this 
section  shall  subject  the  offender  to  a penalty  of  not  less  than 
three  dollars. 

728.  § 24.  Whoever,  while  hose  belonging  to  the  city  shall 
be  stretched  or  laid  upon  the  giound,  shall  drive  or  ride  over  and 
upon  said  hose,  such  person  not  being  in  the  pei-formance  of  his 
duty  in  connection  with  the  fire  department,  shall  be  subject  to  a 
penalty  of  not  less  thaq  five  dollars. 

720.  § 25.  No  person  shall  draw  off  or  allow  to  run  off  any 

ground,  street  or  place  of  said  city  the  contents  or  any  ])art 
thereof,  of  any  vault,  privy,  cess-pool  or  sink.  Nor  shall  any 


REVISED  ORDINANCES. 


owner,  tenant  or  occupant  of  any  building  to  which  any  vault, 
sink,  privy  or  cess-pool,  shall  appertain  or  be  attached,  permit  the 
contents  or  any  part  thereof  to  flow  therefrom  or  to  rise  within 
two  feet  of  any  part  of  the  top,  or  said  contents  to  become  offen- 
sive. And  no  privy  or  other  erection  mentioned  in  this  section 
shall  be  filled  or  covered  with  dirt  until  its  filthy  contents  shall 
be  emptied.  The  violation  of  this  section  shall  subject  the  offen- 
der to  a penalty  of  not  less  than  five  dollars. 

730.  § 26.  No  meat,  fish,  birds,  fowl,  vegetables,  or  milk,  not 
then  being  healthful,  fresh,  sound,  wholesome  and  safe  for  human 
food,  shall  be  brought  into  this  city  for  the  purpose  of  sale,  or 
offered  or  held  for  sale  in  public  or  private  market  as  food,  under 
a penalty  of  not  less  than  ten  dollars. 

731.  § 27.  Every  butcher  and  every  person  owning,  leasing 
or  occupying  any  place,  room,  or  building  where  cattle,  hogs,  or 
other  animals  are  slaughtered,  shall  cause  such  place,  room  or 
building  and  their  yards  and  appurtenances  to  be  thoroughly 
cleansed  of  all  blood,  offal,  fat,  garbage,  refuse,  and  any  and  all 
unwholesome  matter,  at  least  once  in  every  twenty-four  hours 
after  its  use  for  the  purposes  herein  referred  to.  And  any  person 
violating  this  section  shall  be  subject  to  a penalty  of  not  less  than 
five  dollars. 

732.  § 28.  Every  butcher,  grocer,  milkman  and  their  clerks 
and  agents  shall  allow  the  Board  of  Health,  or  any  member  thereof, 
or  any  person  authorized  by  the  Board,  to  freely  and  fully  ij)spect 
their  cattle,  meats,  milk,  fish,  fruit  and  vegetables  held,  offered 
or  intended  for  sale,  and  will  be  expected  to  answer  all  reasonable 
questions  in  relation  to  the  condition  thereof,  and  of  the  places 
where  such  articles  may  be.  And  any  person  violating  this  sec- 
tion shall  be  subject  to  a penalty  of  not  less  than  five  dollars. 

733.  § 29.  All  fruits,  vegetables  and  groceries  of  every 
description  that  are  usually  sold  by  measure,  shall  be  sold  by  the 
bushel,  or  in  aliquot  parts  of  a bushel.  And  every  person  keep- 
ing or  offering  for  sale  any  such  articles  in  packages  or  boxes  not 
representing  and  containing  an  aliquot  part  of  a bushel,  shall  be 
fined  in  a sum  not  less  than  five  dollars  for  each  offense. 

734.  § 30.  Whoever  shall  knowingly  or  willfully  make  any 
false  alarm  of  fire,  either  by  the  voice  or  the  ringing  of  bells,  or 
any  false  cry  for  assistance,  or  shall  willfully  hinder,  delay  or 
obstruct  any  officer,  fireman  or  other  person,  in  the  discharge  of 
his  duty  in  the  suppression  of  any  fire,  or  about  any  other  matter 
of  duty,  shall  be  subject  to  a })enalty  of  not  less  than  five  dollars. 

735.  § 31.  No  person  shall  use  any  fire  engine,  hose  or  ap})a- 
ratus  belonging  to  the  city  or  any  fire  company,  for  any  private 
purpose,  nor  remove  the  same  from  its  proper  custody  or  deposit. 


228 


REVISED  ORDINANCES. 


and  no  person  having  the  custody  thereof  shall  permit  it  to  be 
used  for  any  private  purpose,  and  the  party  violating  any  of  the 
provisions  of  this  section  shall  be  subject  to  a penalty  of  not  less 
than  five  dollars. 

73G.  § 32.  Whoever  shall  willfully,  maliciousl}^  or  negligently 
break,  deface,  destroy  or  otherwise  injure  any  fire  engine,  hose, 
or  other  fire  apparatus,  belonging  to  the  city  or  any  fire  company, 
or  shall  remove  any  screws,  bolts,  or  parts  thereof,  shall  be  sub- 
ject to  a penalty  of  not  less  than  twenty  dollars. 

737.  § 33.  Any  person  having  or  having  had  small-pox,  or 
other  like  malio-nant  and  infectious  disease,  who  shall  sro  about 
in  any  public  place,  before,  in  the  opinion  of  the  Commissioner 
of  Health,  he  shall  be  past  all  danger  of  giving  the  disease  to 
others,  shall  be  subject  to  a penalty  of  not  less  than  twenty-five 
dollars.  Any  person  attending  or  being  about  any  other  person 
having  the  small-pox  or  other  like  infectious  disease,  who  shall 
not  change  or  purify  his  wearing  apparel  before  going  into  any 
public  place,  or  shall  otherwise  conduct  himself  as  to  endanger 
the  spreading  of  the  disease  or  the  giving  of  it  to  others,  shall  be 
subject  to  a penalty  of  not  less  than  twenty-five  dollars. 

738.  § 34.  Whoever  shall  keep,  sell  or  deliver  any  poison  or 

drug  known  or  used  as  a deadly  poison,  without  legibly  marking 
the  name  thereof,  and  the  word  upon  the  phial,  wrapper, 

or  other  enclosure  containing  the  same,  or  shall  sell  or  deliver  any 
arsenic,  strychnine,  prussic  acid,  or  other  poison,  usually  known 
as  a deadly  poison,  to  any  person  known  to  him,  without  register- 
ing the  name  of  such  person,  and  the  kind  and  quantity  of  the 
thing  sold  or  delivered,  and  the  purpose  for  which  it  was  obtained, 
or  shall  sell  oi‘  deliver  any  such  poison  to  a person  unknown  to 
him,  shall  be  subject  to  a penalty  of  not  less  than  five  dollars  in 
each  case.  But  the  sale  or  delivery  of  such  poison  as  a medicine, 
upon  the  prescription  of  a practicing  physician,  shall  not  be 
deemed  a violation  of  this  section. 

739.  § 35.  Whoever  shall,  without  permission  of  the  City 
Council,  obstruct,  fill  up,  or  change  the  channel  of  Cedar  Fork,  or 
any  of  the  l)ranches  thereof,  or  any  other  natural  drain  within  the 
city,  or  any  other  open  drain  in  any  street  or  alley,  whether  by 
diofo'ino-  fillino;  with  earth,  or  by  throwing  or  leaving  in  the  same 
any  brush,  straw,  paper,  or  rubbish  or  other  matter  of  any  kind, 
shall  be  subject  to  a penalty  of  not  less  than  ten  dollars,  and  a 
like  penalty  for  each  day’s  continuance  thereof  after  due  notice  to 
remove  or  reinedv  the  same. 

740.  § 3G.  Each  and  eveiy  sale  made  by  any  person  whether 
for  his  own  gain  or  as  agent  for  any  person  or  corporation  for 
private  gain,  wherein  any  part  of  the  article  received  or  to  be 


REVISED  ORDINANCES. 


2^Z9 

received  by  the  purchaser,  either  as  to  quality  or  value,  shall  in 
any  manner  depend  upon  any  chance,  whether  by  means  of  checks, 
envelopes,  numbers,  cards,  dice,  or  by  any  other  means  whatever, 
is  hereby  declared  to  be  unlawful,  and  any  person  offending 
against  the  provisions  of  this  section  shall  be  subject  to  a penalty 
of  not  less  than  twenty-five  dollars. 

741.  § 37.  Whoever,  as  a peddler,  shall  enter  any  private 
dwelling  without  being  admitted  into  the  same,  or  shall  insist 
upon  the  showing  or  sale  of  his  goods  or  wares  to  any  person  after 
being  requested  not  to  do  so,  or  shall  annoy  any  person  by  impor- 
tunities to  purchase,  or  shall  obstruct  any  sidewalk  or  street  by 
the  opening  of  his  goods  and  wares,  drugs  or  other  things,  shall  be 
subject  to  a penalty  of  not  less  than  three  dollars  for  each  offense, 
and  the  forfeiture  of  his  license  in  the  discretion  of  the  Mayor  or 
City  Council. 

742.  § 38.  Whoever  shall  aid,  abet,  or  encourage  any  unlaw- 
ful act,  or  violation  of  any  ordinance  of  the  city,  shall  be  deemed 
a principal  and  subject  to  a penalty  for  the  commission  of  such 
offense. 

743.  § 39.  It  shall  be  the  duty  of  the  court  before  whom  suits 
for  violations  of  the  city  ordinances  may  be  tried,  to  apportion  the 
penalty  according  to  the  degree  or  character  of  the  offense  not 
less  than  the  least  sum  that  may  be  provided  for  each  offense,  nor 
more  than  two  hundred  dollars. 


CHAPTER  XXX. 


NUISANCES. 


Section. 

1.  PremifseB  iu  filthy  conditiou  declared 

uiiisiince;  penalty  for  maintaining. 

2.  Offensive  liquid  flowing  from  premises ; 

nuisance. 

3.  Nuisances  to  be  abated.  Method  of 

al)atement,  etc. 

4.  Stagnant  water  a nuisance. 

5.  Dilapidated  wooden  structure  in  fire 

limits  a nuisance. 


Section. 

6.  Dangerous  buildings  a nuisance. 

7.  Cattle  pens,  stock  yards,  etc. ; when 

filthy  a nuisance. 

8.  Scaffolds  to  be  safely  constructed ; pen- 

alty. 

9.  Other  nuisances;  suppression  of. 
to.  Clerk  to  publish  notice. 

11.  Officer  to  abate,  etc.,  and  report  to 
Council. 


744.  § 1.  Any  premises  or  jiart  thereof,  which  may  be  nau- 

seous or  offensive  to  any  person  or  family  residing  near  the  same, 
or  persons  passing  along  any  street  or  alley  near  the  same,  or 
which  may  be  in  such  a condition  as  to  be  detrimental  or  obnox- 
ious to  the  public  health  or  comfort,  shall  be  deemed  a nuisance; 


230 


REVISED  ORDINANCES. 


and  any  owner  or  occupant  of  such  premises,  who  shall  neglect  or 
refuse  to  abate  such  nuisance,  after  notice  thereof  by  the  Super- 
intendent of  Streets,  the  Marshal,  or  any  policeman,  or  any  mem- 
ber of  the  Board  of  Health,  shall  be  subject  to  a penalty  of  not 
less  than  three  dollars  for  each  day  he  shall  so  neglect  or  refuse. 

745.  § 2.  Any  nauseous,  foul,  offensive,  or  putrid  liquid  or 
substance,  or  any  liquid  or  substance  likely  to  become  nauseous, 
foul,  offensive,  or  putrid,  which  may  be  discharged,  placed  or 
thrown,  or  flow  from  or  out  of  any  premises,  into  any  street  or 
alley,  or  into  or  upon  any  adjacent  premises,  is  hereby  declared  a 
nuisance;  and  whoever  shall  permit  any  such  nuisance  to  be  dis- 
charged, or  to  flow  from  or  out  of  any  pretnises  owned  or  occu- 
pied by  him  or  under  his  control,  into  any  street  or  alley,  or  into 
any  adjacent  premises,  shall  be  subject  to  a penalty  of  not  less 
than  three  dollars  for  each  day  he  shall  not  abate,  remedy  or 
remove  the  same,  after  notice  thereof  by  the  Superintendent  of 
Streets,  the  Marshal,  any  policeman  or  any  person  aggrieved 
thereby. 

746.  § 3.  When  any  nuisance  or  any  thing  likely  to  become 
a nuisance,  may  be  found  upon  any  premises,  the  owner,  occupant, 
or  agent  of  such  premises  shall  be  notified  by  the  Marshal  or  any 
policeman  in  writing  to  abate  the  same;  and  if  such  owner  or  his 
agent  or  occupant,  whose  duty  it  is  to  abate  such  nuisance,  shall 
not  within  twenty-four  hours  thereafter  comply  with  such  notice, 
he  shall  be  subject  to  a penalty  of  not  less  than  three  dollars, 
and  the  officer  shall  proceed  without  delay  to  bring  suit  in  the 
name  of  the  city  against  the  person  liable  therefor,  for  the  pen- 
alty hereby  imposed. 

747.  § 4.  Any  lot  or  premises  upon  which  stagnant  water 
may  be  standing  so  as  to  become  or  be  likely  to  become  putrid, 
foul  or  offensive,  or  detrimental  to  the  health  and  comfort  of  per- 
sons residing  in  the  neighborhood  thereof,  is  hereby  declared  a 
nuisance. 

748.  § 5.  Any  wooden  building  or  wooden  part  of  any  build- 
ing in  the  fire  limits,  which  may  be  situated  within  thirty  feet  of 
any  contiguous  building,  and  which  shall  be  so  dilapidated  and 
out  of  repair  as  to  be  untenantable,  is  hereby  declared  to  be  a 
nuisance. 

749.  § 6.  Any  building,  or  erection,  or  part  thereof,  which 
shall  be  in  danger  of  falling,  or  otherwise  in  such  a condition  as 
to  endanger  the  safety  of  persons  passing  under  or  near  the  same, 
or  residing  adjacent  thereto,  or  to  endanger  any  property  con- 
tiguous thereto,  is  hereby  declared  to  be  a nuisance. 

750.  § 7.  All  cattle-pens,  stock  lots,  stock  yards,  chutes  and 
places  used  for  receiving,  or  loading  or  unloading,  or  quartering 


REVISED  O RDI  N A ISTCES. 


231 


or  shipping  any  horses,  mules,  cattle,  hogs  or  sheep,  which  are 
detrimental  and  obnoxious  to  the  health  or  comfort  of  persons 
residing  iinthe  neighborhood  of  the  same,  by  reason  of  the  filthy 
condition  thereof,  are  hereby  declared  to  be  nuisances. 

751.  § 8.  All  scaffolds  or  other  erections  used  in  the  construc- 
tion of  any  building,  shall  be  made  secure  and  sufficiently  wide 
to  insure  the  safety  of  persons  tvorking  thereon  or  passing  under 
the  same,  against  the  falling  thereof,  or  of  materials  that  may  be 
placed  thereon.  Any  scaffold  or  other  erection  which  may  be 
otherwise  constructed,  shall  be  deemed  a nuisance,  and  whoever 
shall  erect  or  use  any  such  insecure  or  dangerous  scaffold  or 
other  erection,  shall  be  subject  to  a penalty  of  not  less  than  ten 
dollars. 

752.  § 9.  When  the  existence  of  any  nuisance  other  than 
those  herein  specifically  set  down,  not  coming  within  the  pro- 
vince of  the  Boai'd  of  Health  as  provided  by  chapter  XIX.  of 
this  ordinance,  shall  in  any  manner  come  to  the  knowledge  of  the 
City  Council,  the  subject  shall  be  referred  to  an  appropriate  com- 
mittee, which  committee  shall  at  once  proceed  to  make  examina- 
tion of  the  locality  and  character  of  the  supposed  nuisance,  and 
make  immediate  report  to  the  Council  of  the  condition  thereof. 

753.  § 10.  Upon  the  passage  of  any  order  by  the  City 
Council  for  the  abatement  of  any  nuisance  in  this  chapter  men- 
tioned, the  City  Clerk  shall  cause  the  same  to  be  published 
once  in  any  newspaper  published  in  the  city,  which  publication 
shall  be  deemed  and  taken  to  be  a sufficient  notice  to  all  per- 
sons interested  therein.  If  any  person,  being  the  owner  or  occu- 
pant, or  having  the  control  of  the  premises  named  in  such  order, 
shall  neglect  or  refuse  to  obey  the  same  by  abating  the  nuisance 
thereifi  named  in  some  effectual  manner,  within  the  time  therein 
specified,  every  such  person  so  offending  shall  be  subject  to  a 
penalty  of  not  less  than  twenty  dollars. 

754.  § 11.  Upon  the  expiration  of  the  time  limited  in  any 
such  order  for  the  abatement  of  such  nuisances  by  the  owner, 
occupant  or  person  having  control  of  the  premises,  the  City  Clerk 
shall  make  out  a copy  of  the  order,  certifying  to  its  authenticity 
and  its  due  publication,  under  liis  official  signature,  and  the  seal 
of  the  city,  and  shall  at  once  deliver  such  certified  copy  to  the 
officer  therein  required  to  execute  the  same;  which  officer  shall 
at  once  proceed  to  execute  the  said  order  of  the  Council  in  the 
most  speedy  and  effectual  mann«r,  and  shall  thereupon  make  a 
written  endorsement  upon  such  certified  order,  of  his  doings  by 
virtue  thereof,  including  therein  a j^articular  account  of  the  costs 
and  expense  of  performing  the  same;  and  shall  return  to  the 
Council,  as  soon  as  may  be,  the  said  order  with  his  said  endorse- 
ment thereupon,  as  his  report. 


CHAPTER  XXXI. 


OFFICIAL  AUTHORITY. 


Section. 

1.  Assisting  prisoner  to  escape,  etc. ; pen- 

alty for. 

2.  Abusing,  supplying  liquor  to  prisoner, 

etc. ; penalty  for. 


Section. 

3.  Fraudulent  receipt  of  city  officer;  pen- 
alty for. 


755.  § 1.  Whoever  shall  rescue  or  attempt  to  rescue  any 
person  from  the  custody  of  an  officer  or  any  person  having  such 
person  legally  in  custody,  or  shall  molest  or  interfere  with  any 
officer  or  person  so  having  any  person  in  custody,  or  shall  in  any 
manner  aid,  abet  or  encourage  the  rescue  or  escape,  or  the  attempt 
to  escape  from  imprisonment  or  custody  of  any  person  legally 
committed  thereto,  or  shall  supply  or  attempt  to  supply  any  such 
person  with  any  weapon,  or  with  any  implement  or  means  of 
escape,  or  for  attempting  to  escape,  or  shall  aid,  abet  or  encour- 
age any  other  person  to  perform  any  one  of  the  acts  hereinbefore 
mentioned  and  forbidden,  shall  be  subject  to  a penalty  of  not  less 
than  twenty-five  dollars. 

756.  § 2.  The  keeper  of  the  prison  shall  treat  all  persons 
committed  to  his  charge  with  kindness  and  humanity,  and  if  he 
shall  unnecessarily  assault,  abuse  or  maltreat  any  person  in  his 
custody,  or  shall  knowingly  suifer  it  to  be  done  b}’’  others,  or  shall 
supply  any  person  in  custody  with  intoxicating  liquors  as  a bev- 
erage, or  knowingly  suffer  it  to  be  done  by  others,  or  be  guilty  of 
any  lascivious  behavior  or  other  improper  conduct  toward  any 
female  in  his  custody,  or  knowdngly  suffer  or  permit  others  to  be 
o;uiltv  thereof,  whether  with  or  wdthout  her  encourao’ement  or 
permission,  or  shall  fail  to  suppply  each  and  any  person  in  his  cus- 
tod}^  with  a sufficient  quantity  of  wholesome  food  and  drink,  at 
reasonable  and  proper  intervals,  or  shall  fail  to  supply  each  and 
any  person  in  his  custody  with  sufficient  and  comfortable  bedding, 
he  shall  in  each  case  be  subject  to  a penalty  of  not  less  than 
twenty-five  dollars,  and  any  other  police  officer,  making  like 
arrests,  or  having  like  custody  of  any  person  charged  with  any 
crime  or  misdemeanor,  who  shall  be  guilty  of  any  like  acts  of 
abuse  or  cruel  or  improper  treatment,  or  neglect  of  duty  towards 
any  person  so  in  custody,  or  under  arrest,  shall  be  subject  to  a 
like  penalty  of  twenty-five  dollars. 

757.  § 3.  Any  city  weigher  or  inspector,  or  other  police  or 
civil  officer,  who  shall  give  any  false  or  fraudulent  certificate  of 
weight,  or  any  other  matter  or  thing,  to  the  prejudice  of  the  city. 


REVISED  ORDINANCES. 


233 


or  contrary  to  the  truth  and  to  the  duty  of  such  officer  in  that 
behalf,  shall  on  conviction  be  subject  to  a penalty  of  not  less  than 
ten  dollars. 


CHAPTER  XXXII. 

OFFICIAL  BONDS. 

Section.  i Section. 

1.  Officers  of  city  shall  give  bonds.  CJity  cjfficers  shall  not  be  bondsmen  for 

I each  other. 

2.  Condition  of,  etc.  j 4_  Amount  of  several  bonds. 

758.  § 1.  The  several  city  officers,  except  aldermen,  shall, 
before  entering  upon  the  discharge  of  the  duties  of  theij  office, 
give  bond  to  the  City  of  Galesburg,  in  the  sum  hereinafter  named 
for  their  respective  offices,  which  bonds  shall  be  signed  by  the 
principal  thereof,  with  good  and  sufficient  securities  to  be  ap- 
proved by  the  City  Council. 

759.  § 2.  The  bond  of  each  such  officer  shall  be  conditioned 
that  he  will  faithfully  execute  the  duties  of  his  office,  and  account 
for,  pay  over  and  deliver  according  to  law,  all  moneys  and  other 
property  received  by  him  on  account  of  the  city. 

760.  § 3.  No  member  of  the  City  Council  or  officer  of  the 
city  shall  be  received  as  surety  on  the  official  bond  of  any  city 
officer. 

761.  § 4.  The  several  city  officers  hereinafter  named  shall 
give  bonds  as  herein  provided,  as  follows  : 

The  Mayor  in  the  sum  of  three  thousand  dollars. 

The  City  Clerk  in  the  sum  of  one  thousand  dollars. 

The  City  Attorney  in  the  sum  of  one  thousand  dollars. 

The  City  Treasurer  in  the  sum  of  sixty  thousand  dollars. 

The  City  Engineer  and  Surveyor  in  the  sum  of  one  thousand 
dollars. 

The  City  Superintendent  of  Streets  in  the  sum  of  one  thousand 
dollars. 

The  City  Physician  in  the  sum  of  one  thousand  dollars. 

The  Poormaster  in  the  sum  of  one  thousand  dollars. 

The  City  Marshal  in  the  sum  of  one  thousand  dollars. 

The  Commissioner  of  Health  in  the  sum  of  one  thousand 
dollars. 

The  Superintendent  of  Street  Lighting  in  the  sum  of  one 
thousand  dollars. 


534 


REVISED  ORDINANCES. 


The  Inspector  of  Wood  and  Coal  in  the  sum  of  five  hundred 
dollars. 

The  Sealer  of  Weio-hts  and  Measures  in  the  sum  of  five  hun- 

O 

dred  dollars. 

The  Inspector  of  Mineral  Oils  in  the  sum  of  five  hundred 
dollars. 


CHAPTER  XXXIII. 


PARK  COMMISSIONERS. 


Section. 

1.  Establishing  Board  of  Park  Commis- 

sioners. 

2.  How  continued. 

• 


[ Section. 

3.  Shall  serve  without  compensation. 

4.  Shall  have  control  of  public  grounds 

5.  Expenditures  of ; how  made. 


762.  § 1.  There  shall  be  a Board  of  Park  Commissioners,  to 
consist  of  six  persons,  to  be  styled  “The  Board  of  Park  Commis- 
sioners of  the  City  of  Galesburg.”  Such  persons  shall  be  ap- 
pointed by  the  Mayor,  with  the  advice  and  consent  of  the  City 
Council,  and  shall  hold  their  offices  for  the  term  of  three  years 
from  their  appointment  and  confirmation  by  the  City  Council, 
and  until  their  successors  are  a]tpointed  and  qualified. 

763.  § 2.  The  Board  of  Paik  Commissioners,  as  heretofore 
constituted,  is  hereby  recognized  and  shall  be  continued  as  fol- 
lows; Two  of  said  Park  Commissioners  shall  be  appointed  by  the 
Mayor  during  the  month  of  April  in  each  year,  who  shall  take 
the  place  of  the  two  outgoing  Park  Commissioners. 

764.  § 3.  Such  Board  of  Park  Commissioners  shall  serve 
without  compensation  and  shall  perform  the  duties  herein  pro- 
vided for,  and  such  other  duties  as  shall  from  time  to  time  be 
imposed  upon  them  by  ordinance. 

765.  § 4.  Such  Board  of  Park  Commissioners  shall  have  the 
supervision  and  control  of  all  parks  and  public  grounds,  and  with 
the  consent  of  the  Board  of  Education  of  the  City  of  Galesburg, 
of  all  gi-ounds  surrounding  public  school  buildings,  and  shall 
expend  such  sum  or  sums  of  money  as  shall  from  time  to  time  be 
appropriated  by  the  City  Council  or  the  Board  of  Education  for 
such  purposes,  in  enclosing  said  parks  and  public  grounds,  and 
when  necessary  in  laying  out  and  constructing  drives  in  said 
parks  and  public  grounds,  in  setting  put,  protecting  and  trimming 
trees,  in  laying  out  and  furnishing  walks,  lawns  and  ornamental 
plats  in  such  parks,  public  grounds  and  grounds  surrounding  said 


REVISED  ORDINANCES. 


235 


public  school  building's,  and  in  such  other  manner  as  shall  be 
deemed  by  said  Co’nimissioners  necessai-y  in  beautifying,  improv- 
ing, protecting  and  adorning  such  parks,  public  grounds  and 
school  house  premises  : Provided^  JiO'wevey\  that  in  the  powers  con- 
ferred by  this  chaprer  over  grounds  surrounding  public  school 
buildings,  the  Board  of  Education  of  the  City  of  Galesburg  shall 
be  associated  with  such  Board  of  Park  Commissioners,  and  shall 
have  an  equal  voice  and  vote  with  said  Board  of  Park  Commis- 
sioners : And  provided^  further^  that  no  money  that  may  be  appro- 
priated by  said  Board  of  Education  for  the  purpose  aforesaid 
shall  be  expended  except  in  and  upon  the  grounds  surrounding 
such  public  school  buildings. 

766.  8 5.  Said  Board  of  Park  Commissioners  shall  organize 

immediately  after  the  annual  appointment  and  confii'mation  of  the 
new  members  by  electing  from  their  members  a president,  secre- 
tary, financial  secretary  and  such  committees  and  other  officers  as 
said  Board  shall  deem  necessary  or  expedient,  said  officers  to  hold 
office  for  the  term  of  one  year  and  until  the  election  of  their  suc- 
cessors. All  orders  upon  the  City  Treasurer  for  the  payment  of 
money  exjiended  under  the  provisions  of  this  chapter  shall  be 
signed  by  the  president  and  financial  secretary  of  such  Board,  and 
shall  be  presented  to  the  City  Clerk  at  his  office  on  or  before  the 
first  Monday  of  each  month,  when  and  where  they  shall  be  signed 
l)y  the  Mayor  and  countersigned  by  the  City  Clerk  ; and  said 
Board  of  Park  Commissioners  shall,  through  their  president,  make 
([uarterly  reports  to  the  City  Council  and  Board  of  Education  of 
the  proceedings  of  said  Board  of  Park  Commissioners  during  the 
preceding  quarter. 


236 


REVISED  ORDINANCES. 


CHAPTER  XXXIV. 

PARKS. 

Section. 

1.  Auction  or  other  sales  upon  prohibited. 

767.  § ] . It  shall  be  unlawful  for  any  person  or  persons,  by 

themselves  or  agents,  to  offer  for  sale  at  auction  or  otherwise,  any 
goods,  wares,  merchandise  or  other  property,  in  or  upon  any  en- 
closed park  or  square  belonging  to  the  city,  or  so  near  the  same 
as  to  cause  it  to  be  occupied  to  the  detriment  thereof.  And  any 
person  or  persons  violating  the  provisions  of  this  section  shall  be 
subject  to  a penalty  of  not  less  than  five  dollars  ; Provided.,  how- 
ever., that  it  may  be  lawful  to  use  the  city  wood  and  coal  yard  for 
the  purposes  hereinbefore  enumerated. 


CHAPTER  XXXV. 


PARKS  AND  PUBLIC  GROUNDS. 


Section. 

1.  Shall  croee  parks  at  usual  places. 

2.  What  forbidden  iu  parks. 

3.  Who  may  arrest. 


Section. 

4.  Penalty  for  violation. 

5.  Park  to  be  opened  for  public,  etc 


768.  § 1.  No  person  shall  enter  or  leave  any  of  the  public 
parks  of  this  city  except  by  the  usual  gateways  or  passage  ways; 
and  no  person  shall  in  crossing  any  such  park  walk  outside  of  the 
paths  and  walks  made  or  designated  by  the  Park  Commissioners 
for  that  purpose. 

769.  § 2.  All  persons  are  forbidden  to  lie  down  upon  the 
grass  in  any  such  park,  or  to  throw  within  it  any  stones  or  mis- 
siles, or  commit  any  nuisance  therein. 

770.  § 3.  Any  person  authorized  by  the  ordinances  to  make 
arrests  shall  have  power  to  arrest  any  person  who  shall  not  desist 
from  a violation  of  this  chapter  when  directed. 

771.  § 4.  Any  person  violating  the  three  preceding  sections 
shall  be  subject  to  a penalty  of  not  less  than  five  nor  more  than 
twenty-five  dollars. 

772.  § 5.  The  Board  of  Park  Commissioners,  shall  on  at  least 
two  half  days  in  each  week,  cause  certain  portions  of  the  city 
parks,  to  be  designated  by  said  Board,  to  be  opened  for  the  use 
and  enjoyment  of  the  public  : Provided,  however,  that  in  cases  of 
stormy  or  muddy  weather  such  privilege  shall  not  be  granted. 


REVISED  ORDINANCES. 


237 


CHAPTER  XXXVI. 

0 

PERSONATING  AN  OFFICER. 

Section.  i Section. 

1.  Personating  an  officer ; penalty  for.  j 2.  Resisting  officer ; assisting  in  escape, etc. 

773.  § 1.  Whoever  falsely  assumes  or  pretends  to  be  the 
City  Marshal,  a police  officer,  special  constable,  constable  or  any 
other  officer  of  the  city,  or  county  of  Knox,  or  takes  upon  himself 
to  act  as  such,  or  to  require  any  person  to  aid  or  assist  him  in  a 
matter  pertaining-  to  the  duty  of  any  such  officer,  or  shall,  without 
due  authority,  wear  any  star,  badge  or  other  mark  puporting  to 
be  that  of  a police  officer,  or  other  officer  of  the  city,  or  of  said 
county,  or  who  shall  aid,  abet,  or  encourage  any  other  person  to 
do  any  of  the  foregoing  acts,  or  to  [)erform  any  official  act  without 
due  authority,  shall  be  subject  to  a penalty  of  not  less  than  ten 
dollars. 

774.  § 2.  Whoever  shall  knowingly  and  willfully  assault, 
beat,  obstruct,  resist,  hinder,  delay  or  oppose  any  police  officer  or 
other  conservator  of  the  peace  of  the  city,  or  any  peison  aiding 
such  officer  in  the  discharge  of  any  official  duty,  or  shall  refuse  gr 
neglect  to  obey  any  lawful  order  or  direction  of  such  officer,  or 
shall  refuse  or  neglect  to  aid  and  assist  such  officer  in  taking  or 
arresting  or  securing  any  person  subject  to  be  arrested  in  accord- 
ance with  any  ordinance  of  the  city  or  criminal  law  of  the  State, 
or  shall  neglect  or  refuse  to  aid  in  retaking  or  securing  any 
person,  who,  having  been  lawfully  arrested  or  confined  as  afore- 
said, may  have  escaped  from  such  arrest  or  imprisonment,  or  shall 
neglect  or  refuse  to  aid  and  assist  in  preventing  any  breach  of  the 
peace,  or  the  commission  of  any  criminal  offense,  being  thereto 
lawfully  required  by  any  police  officer,  special  constable  or  other 
conservator  of  the  peace,  shall  be  subject  to  a penalty  of  not  less 
than  ten  dollars. 


2:^8 


tlEVlSEt)  ORDINA^fCES. 


CHAPTER  XXXVII. 


PEACE  AND  GOOD  ORDER. 


Section. 

1.  Loitering  about  churches,  etc.,  forbid- 

den; penalty. 

2,  Disorderly  conduct,  threats,  etc. ; pen- 

alty. 


Section. 

3.  Places  of  amusement,  etc.;  rules  for. 

4.  Encouraging  dog-fighting,  etc.;  pen- 

alty. 


775.  § 1.  It  shall  be  unlawful  for  any  person  unnecessarily 
to  loiter  about  the  doors  or  entrance  of  any  hall,  church,  or  other 
public  building’,  to  the  inconvenience  of  those  passing  in  and 
out,  and  any  person  so  loitering  or  standing  about,  after  being 
commanded  — by  any  person  in  charge  of  any  such  hall,  or  other 
public  building,  or  officers  or  ushers  of  any  such  church  or  place 
of  worship  — to  move  on,  who  shall  refuse  so  to  do,  shall  be  sub- 
ject to  a penalty  of  not  less  than  five  dollars. 

776.  § 2.  Whoever  shall  assault,  strike  or  beat  another,  or 
by  mutual  agreement  fight  another,  or  shall  disturb  the  public 
peace  by  any  violent,  tumultuous,  offensive  or  disorderly  conduct, 
or  shall  be  guilty  of  any  act,  language,  or  conduct  calculated  to 
provoke  a breach  of  the  peace,  or  shall  conduct  himself  in  a riot- 
ous or  disorderly  manner  at  any  place  of  exhibition  or  amusement, 
or  shall  heedlessly  or  willfully  disturb  any  assembly  met  for  reli- 
gious worship,  or  any  assembly  met  for  any  purpose,  shall  be 
subject  to  a penalty  of  not  less  than  three  dollars. 

777.  § 3.  Any  keeper  of  a place  of  amusement  who  shall 
suffer  or  permit  any  minor  to  frequent  or  loiter  about  the  premi- 
ses occupied  by  him,  or  to  play  any  game  therein  without  the  writ- 
ten consent  of  the  parent  or  guardian  of  such  minor,  or  shall  suffer 
any  loud  or  boisterous  talking,  or  any  obscene  or  profane  lan- 
guage, or  any  quarreling,  fighting,  or  other  disturbance  in  or 
about  such  place  of  amusement,  or  in  any  place  adjacent  thereto 
under  his  control,  or  shall  suffer  or  permit  any  playing  or  amuse- 
ment, or  assemblage  of  persons  therein  or  thereabout  on  Sunday 
or  Sunday  night,  or  shall  suffer  or  permit  such  place  of  amuse- 
ment to  be  kept  open  later  than  eleven  o’clock,  p.  m.,  at  any  time 
of  year,  and  any  keeper  or  proprietor  of  any  dram  shop  who 
shall  suffer  or  permit  any  minor  to  loiter  about  the  premises 
occupied  or  controlled  by  him,  or  to  drink  therein,  without  the 
previous  written  consent  of  the  parent  or  guardian  of  such  minor, 
or  shall  suffer  any  loud  noises,  boisterous  talking,  profane  or 
obscene  language,  quarreling  or  fighting,  or  other  disturbance,  in 
his  dram  shop,  or  shall  suffer  or  permit  any  person  to  have  access 
to  or  to  drink  at  and  in  said  dram  shop  on  Sunday  or  Sunday 


REVISED  ORDINANCES. 


239 


night,  or  shall  fail  to  close  up  and  debar  all  access  into  said  saloon 
after  the  hour  of  eleven  o’clock  p.  ni.,  shall  for  a violation  of  any 
of  the  provisions  of  this  section,  be  subject  to  a penalty  of  not 

less  than  twentv-five  dollars. 

«/ 

778.  § 4.  Whoever  shall,  by  gesture  or  otherwise,  encourage 

dogs  to  fight  or  to  continue  fighting,  shall  be  subject  to  a penalty 
of  not  less  than  three  dollars.  The  police  officers  shall  suppress 
all  dog-fighting,  and  arrest  the  parties  encouraging  the  same. 


CHAPTER  XXXVIII. 

POLICE  MAGISTRATES. 

Section. 

1.  Establishing  number  of  Justices,  etc. 

779.  § 1.  There  shall  be  one  Police  Magistrate  and  three 

Justices  of  the  Peace  in  this  city  and  no  more. 


CHAPTER  XXXIX. 


PRIVATE  DRAINS. 


Section. 

1.  Permit  of  Mayor  necessary  for. 

2.  City  Engineer  to  approve  plans  for. 


Section. 

3.  Council  to  grant  permission  in  case  of 

special  assessment. 

4.  Penalty  for  violation. 


780.  § !•  It  shall  not  be  lawful  for  any  person  to  construct, 
or  cause  or  permit  to  be  constructed,  any  private  drain  or  sewer 
leading  into  any  sewer  built  by  the  city,  except  by  special  permit 
from  the  Mayor,  and  under  the  supervision  of  the  Superintendent 
of  Streets. 

781.  § 2.  No  such  permit  shall  be  granted  except  after  the 
submission  of  plans  for  such  drain  and  connection  approved  by 
the  City  Engineer;  and  the  construction  of  such  drain  and  con- 
nection shall  conform  to  such  plans. 

782.  § 3.  Nor  shall  any  such  permit  be  granted  to  connect 
any  [)remises  with  any  sewer  built  by  the  city,  either  whollv  or 
partially  by  special  assessment,  unless  such  premises  were 
assessed  for  the  construction  of  such  sewer,  and  the  assessment 
thereon  duly  paid ; except  after  application  made  to  the  City 
Council,  and  approval  by  the  Council. 


240 


REVISED  ORDINANCES. 

783.  § 4.  Whoever  shall  violate  any  of  the  provisions  of  this 

chapter  shall  be  subject  to  a penalty  of  not  less  than  ten  dollars 
for  each  olfense,  and  shall  be  also  subject  to  the  payment  of  all 
damages  that  may  be  done  by  such  violation. 


CHAPTER  XL. 


PORTERS  AND  RUNNERS. 


Section. 

1.  Hotels,  etc.,  to  have  but  one  runner. 

2.  Runners  shall  wear  badge,  etc. 

3.  Shall  solicit  passengers  on  grounds  fur- 

nished by  R.  R.  Co. 


Section. 

4.  Shall  post  ordinance  in  conveyance 

5.  Penalty  for  violation. 

6.  Policemen  to  attend  trains. 


784.  § 1.  It  shall  be  unlawful  for  any  hotel,  or  any  hack, 
omnibus  or  other  vehicle  for  carrying  passengers  or  baggage,  to 
have  more  than  one  runner  or  porter  on  the  grounds  of  any  rail- 
road company  whose  depot  is  located  within  the  limits  of  this 
city,  to  solicit  passengers  or  baggage.  The  proprietor  of  any 
hotel,  hack,  omnibus,  or  baggage  wagon,  if  engaged  in  soliciting 
passengers  or  baggage,  shall  be  considered  a runner,  and  subject 
to  the  following  rules  and  regulations  : 

785.  § 2.  Every  runner  or  porter  is  required  to  wear  a metal- 
lic badge  exposed  to  view,  bearing  the  name  of  the  house  if  any, 
and  name  or  number  of  the  hack,  omnibus,  baggage  wagon  or 
other  vehicle  which  he  represents;  and  each  proprietor  shall  be 
responsible  for  the  acts  of  his  runner  or  porter. 

786.  § 3.  It  shall  be  unlawful  for  any  runner,  porter  or  other 
person  to  solicit  passengers  or  baggage  on  the  depot  grounds  at 
any  other  place  than  that  provided  for  such  purposes  by  the  com- 
pany having  control  of  the  grounds,  and  then  not  in  a boisterous 
tone  of  voice. 

787.  § 4.  The  owner  or  driver  of  any  hack,  omnibus  or  other 
public  conveyances  shall  at  all  times,  keep  posted  in  a conspicu- 
ous place  inside  their  respective  conveyances  a printed  copy  of 
section  13  of  chapter  XXVII.  of  this  ordinance. 

788.  § 5.  Whoever  shall  violate  any  of  the  sections  of  this 
chapter  shall  be  subject  to  a penalty  of  not  less  than  five  dollars. 

789.  § 6.  The  City  Marshal,  or  some  policeman,  shall  attend 
the  arrival  and  departure  of  all  passenger  trains,  and  preserve 
peace  and  good  order,  and  arrest  all  persons  found  violating  this 
chapter  with  or  without  warrant. 


REVISED  ORDINANCES. 


241 


CHAPTER  XLI. 

PRIVY  VAULTS. 

Section.  Section. 

1.  Consent  necessary  for  digging.  2.  Penalty  for  maintaining. 

790.  § 1.  No  person  shall  dig  or  procure  to  be  dug  any  privy 
vault  on  any  lot  within  this  city  within  sixty  feet  of  any  dwelling 
house  or  well,  without  having  first  procured  the  written  consent 
of  the  Commissioner  of  Health. 

791.  § 2.  Any  person  violating  this  chapter  shall  be  subject 
to  a penalty  of  not  less  than  five  dollars;  and  shall,  upon  the 
order  of  the  Commissioner  of  Health,  at  once  fill  up  such  privy 
vault,  first  removing  the  filthy  contents  thereof;  or  in  default  of 
so  doing  shall  be  subject  to  a penalty  of  not  less  than  two  dollars 
for  each  day’s  neglect  or  refusal  to  do  so. 


CHAPTER  XLir. 


PUBLIC  HALLS. 


Section.  j 

1.  Buildings  to  be  provided  vrith  ladders  j 

and  supplied  with  hose. 

2.  Doors  to  swing  outward. 

3.  Fire  extinguishers  in  halls,  hotels  and  | 

school  buildings. 

4.,  Firemen  to  attend  entertainments. 

6.  Stairways  in  public  halls— hand-i’all-  i 
ings.  I 

6.  Exits  from  public  halls--size  and  num-  ' 

ber  of. 

7.  Galleries  to  have  exit  at  each  end- 

size  and  manner  of  construction. 

8.  Stairways  in  hotels  and  lodging  houses 

— to  be  at  opposite  ends— size,  etc. 

9.  Lodging  rooms  to  be  supplied  with 

rope,  etc. 

10.  Keepers  of  hotels  and  lodging  rooms 

to  employ  watchmen— regulations. 

11.  Board  of  Fire  Commissioners— how 

constituted — no  compensation. 


Section. 

12.  City  Clerk  to  act  as  Clerk  of  Board — 

no  compensation. 

13.  City  Marshal  to  execute  orders,  etc., 

of  Board — no  compensation. 

14.  Board  of  Fire  Commissioners  to  in- 

spect buildings  and  plans— majority 
a quorum. 

15.  Board  of  Fire  Commissioners  to  notify 

parties  to  properly  construct  build- 
ings, etc. 

16.  Penalty  for  failure  to  comply  with  or- 

ders of  Board,  in  buildings  already 
constructed. 

17.  Penalty  for  failure  to  comply  in  cases 

of  buildings  in  process  of  erection. 

18.  Examination  of  chimneys— manner  of 

conducting — order — penalty  for  vio- 
lation. 

19.  Examinations  on  complaint— notice- 

penalty. 

20.  Penalty  for  violations  of  sections. 


792.  § 1.  All  buildings  of  three  or  more  stories  in  height 

shall  be  provided  with  one  or  more  metallic  (iron)  ladders,  with 
stand  pipe  hose  attached  (of  three  inch  calibre),  extending  from 
within  ten  feet  of  the  ground  or  walk  to  the  roof,  with  proper  caps 
16 


242 


REVISED  O EDINA  XCES. 


or  cases,  and  supplied  with  at  least  fifty  feet  of  two  and  one-half 
inch  hose,  attached  and  attachable  at  the  top  of  stand  pipe.  The 
numbers,  location  and  construction  to  be  under  direction  of  the 
Board  of  Fire  Commissioners. 

793.  § 2.  All  doors  of  public  halls,  theatres,  hotels,  churches, 
seminaries,  school  buildings  or  other  rooms,  wherein  crowds  of 
people  occasionally  assemble,  shall  be  made  to  swing  outward. 

794.  § 3.  Every  theatre,  public  hall,  hotel,  seminary  and 
school  building  shall,  within  thirty  days  after  notice  by  the  Board' 
of  Fire  Commissioners,  be  provided  with  fire  extinguishers,  in 
such  numbers  and  of  such  size  and  capacity  as  may  meet  the 
approval  of  the  Board  of  Fire  Commissioners. 

795.  § 4.  The  Chief  Engineer  of  the  Fire  Department  shall 
detail  two  efficient  firemen  of  the  City  Fire  Department  to  attend 
at  each  theatre  and  public  hall  during  every  public  entertainment 
therein,  and  remain  on  duty  there  during  and  until  the  audience 
passes  out  at  the  close  of  such  entertainment.  It  shall  be  the 
duty  of  such  firemen  at  all  times  to  see  to  it  that  all  fire  prevent- 
ing and  fire  extinguishing  apparatus  provided  for  such  hall  or 
theatre  is  at  all  times  in  g^ood  working*  order  and  condition.  The 
Chief  Engineer  of  the  Fire  Department  may  temporarily  withdraw 
such  firemen  from  the  building  in  case  he  requires  their  services 
elsewhere  at  a fire. 

796.  § 5.  No  stairway"  to  any  theatre  or  public  hall  hereafter 
to  be  erected,  shall  rise  more  than  ten  feet  without  a platform, 
and  no  winders,  wheeling  or  circular  steps  shall  be  used.  Each 
stairway  and  passage  way,  shall  have  a strong  hand  rail  on  each 
side  thereof  through  its  entire  length. 

797.  § 6.  Every  theatre  or  public  hall  hereafter  to  be  erected 
with  accommodations  for  five  hundred  or  more  persons  shall  have 
at  least  two  separate  and  distinct  exits,  to  be  as  far  apart  as  may 
be  found  practicable.  Those  accommodating  seven  hundred  or 
more  persons  shall  have  at  least  three  separate  and  distinct  exits. 
The  exits  from  all  galleries  shall  be  independent  of  and  separate 
from  the  exits  of  the  main  floor.  The  egress,  openings  and  stair- 
ways shall  in  no  case  be  less  than  flve  feet  wide,  nor  aggegate  a 
less  proportion  than  eighteen  inches  for  each  one  hundred  per- 
sons such  theatre  or  public  hall  may  accommodate. 

798.  § 7.  Every  public  hall  heretofore  erected  having  a gal- 
lery on  one  or  more  sides  thereof,  kept  for  use  at  public  entertain- 
ments, shall,  within  thirty  days  from  the  passage  of  this  ordinance, 
be  provided  with  at  least  one  stairway  four  feet  wide  upon  each 
side  so  occupied,  leading  from  the  gallery  at  the  end  opposite  the 
principal  entrance  to  such  gallery,  down  to  the  main  floor  of  the 
hall.  Every  such  public  hall  shall  also  have  a stairway  not  less 


REVISED  ORDINANCES. 


243 


than  six  feet  wide,  leading  from  the  end  of  the  hall  opposite  the 
main  entrance  to  the  floor  of  the  story  below,  or  to  the  street  walk. 
In  case  such  stairway  opens  onto  and  terminates  on  the  floor  of 
the  story  below  the  hall,  it  shall  open  into  a hallway  not  less  than 
eight  feet  in  width  leading  to  and  opening  onto  a straight  stair- 
way not  less  than  eight  feet  in  width  leading  directly  to  the  street 
or  alley.  Such  stairways  and  exits  shall  be  firmly  and  substan- 
tially constructed,  and  at  all  titnes  kept  in  safe  and  excellent  con- 
dition, affording  safe  and  convenient  means  of  exit  in  case  of  fire 
alarm,  and  constructed  and  maintained  as  directed  by  the  Board 
of  Fire  Commissioners  from  and  after  thirty  days  from  the  pas- 
sage hereof,  and  in  default  thereof  the  hall  shall  be  closed  during 
such  non-compliance. 

799.  8 8.  No  hotel  or  other  building;  more  than  two  stories 

O O 

in  height  shall  be  used  for  lodging  persons  or  used  as  lodging 
rooms  above  tlie  second  story  thereof,  unless  and  until  each  floor 
is  provided  with  at  least  two  stairways  of  such  width  as  the  Board 
of  Fire  Commissioners  may  determine,  safely  and  substantially 
constructed  and  kept,  affording  safe  and  convenient  means  of  exit 
from  such  building  at  all  titnes.  Such  stairways  shall  be  situate 
as  nearly  as  may  be  at  opposite  ends  of  such  building  with  espe- 
cial rega.rd  to  safe  egress  of  all  persons  in  such  building  in  case  of 
fire  and  at  all  times. 

800.  § 9 Every  lodging  room  above  the  second  floor  in  any 
building,  shall,  previously  to  being  occupied  as  such,  be  provided 
with  a good  and  sufficient  rope  of  not  less  than  one-half  inch  in 
diameter  at  all  times  firmly  attached  to  a beam,  post  or  timber  in 
the  room,  and  of  sufficient  length  to  reach  from  the  window  of 
such  bed  room  to  the  ground  or  walk  beneath,  and  so  looped  or 
knotted  as  in  the  judgment  of  the  Board  of  Fire  Commissioners 
shall  furnish  safe  escape  for  the  person  or  persons  lodging  in  such 
room  in  case  of  fire. 

801.  § 10.  The  keeper  of  each  building  occupied  as  a hotel  or 
lodging  rooms,  capable  of  accommodating  fifty  or  more  persons, 
shall  at  all  times  keep  in  his  employ  a night  watchman  constantly 
on  duty  in  such  building,  under  such  regulations  as  may  from 
time  to  time  be  established  by  the  Board  of  Fire  Commissioners. 

802.  § 11.  For  the  pui'pose  of  carrying  out  the  provisions  of 
this  chapter,  there  is  hereby  constituted  a Board  of  Fire  Com- 
missioners, to  be  composed  of  the  Mayor,  Chief  Engineer  of  the 
Fire  De})artment,  and  the  Chairman  of  the  Fire  Committee,  who 
shall  serve  upon  said  Board  without  extra  compensation. 

803.  § 12.  It  shall  be  the  duty  of  the  City  Clerk  to  act  as 
Clerk  of  the  Board  of  Fire  Commissioners  without  extra  compen- 
sation. 


244 


REVISED  ORDINANCES. 


804.  § 13.  It  shall  be  the  duty  of  the  City  Marshal  to  exe- 
cute all  orders  of  and  to  deliver  all  notices  issued  by  the  Board 
of  Fire  Commissioners,  without  extra  compensation. 

805.  § 14.  A majority  of  the  Board  of  Fire  Commissioners 
shall  constitute  a quorum  to  do  business,  and  it  shall  be  their 
duty  to  inspect  all  buildings  now  erected,  and  hereafter  to  inspect 
the  plans  of  all  new  buildings  before  tiiey  are  erected,  and  which 
are  intended  to  be  covered  by  the  provisions  of  this  chapter,  for 
the  purpose  of  ascertaining  if  the  same  are  constructed  and  about 
to  be  constructed  and  arranged  in  accordance  with  the  provisions 
of  this  chapter,  and  of  the  chapter  providing  for  and  regulating 
the  construction  of  buildings  within  the  fire  limits. 

806.  § 15.  Whenever  upon  careful  examination  the  Board  of 
Fire  Commissioners  shall  find  any  building  within  the  provisions 
of  either  or  both  chapters  mentioned  in  section  fourteen  hereof, 
not  constructed,  arranged  and  provided  as  therein  provided,  or 
not  conforming  in  all  respects  to  the  regulations  established  by 
such  Board  thereunder,  and  in  like  manner  whenever  said  Board 
shall  find  that  any  building  is  about  to  be  erected,  arranged  or 
equipped  without  fully  conforming  to  all  requirements  of  such 
chapter  and  of  the  Board  of  Fire  Commissioners  thereunder, 
such  Board  shall  in  writing  notify  the  person  or  party  in  charge 
of  the  same  of  such  defect  or  fault,  and  in  case  of  a building 
already  erected  requiring  the  same  to  be  so  altered,  changed, 
arranged  and  provided  within  such  reasonably  short  time  and  in 
such  manner  as  such  Board  shall  therein  specify;  and  in  case 
of  any  such  building  about  to  be  constructed  or  in  process  of 
erection,  not  conforming  to  such  provisions  and  regulations,  for- 
bidding the  further  erection  and  completion  thereof,  except  in 
accordance  with  the  provisions  of  such  chapters  and  with  the 
regulations  adopted  by  such  Board  of  Fire  Commissioners. 

807.  § 16.  In  case  of  neglect  or  refusal  to  comply  with  the 
requisitions  of  the  Board  of  Fire  Commissioners,  as  to  any  build- 
ing already  constructed  and  in  use,  for  thii-ty  days  after  service 
of  notice  thereof,  under  provisions  of  section  fifteen  hereof,  such 
building  may  be  by  the  Board  of  Fire  Commissioners  ordered 
closed,  and  so  kept  until  the  requirements  of  the  Board  are  fully 
complied  with  ; and  every  person  so  offending  shall  be  subject  to 
a penalty  of  not  less  than  ten  dollars  for  each  offense,  and  in  like 
manner  subject  to  a fine  of  ten  dollars  for  every  additional  day’s 
failure  so  to  comply  with  the  requisitions  of  said  Board  after  ex- 
piration of  thirty  days  from  service  of  notice  thereof. 

808.  § 17.  Any  person,  whether  proprietor,  contractor,  lessee, 
or  agent  in  charge  of  the  construction  of  any  building  in  process 


I 


REVISED  ORDINANCES. 


245 


of  erection,  who,  after  service  of  the  notice  provided  for  in  sec- 
tion fifteen  hereof,  shall  by  himself,  his  servant,  agent  or  em- 
ployee proceed  further  in  construction  and  erection  of  such 
building  in  neglect  of  or  contrary  to  the  requirements  of  such 
notice,  shall  be  subject  to  a penalty  of  not  less  than  twenty-five 
dollars  for  each  offense,  and  the  building  shall  not  be  allowed  to 
be  opened  for  use  until  full  compliance  with  such  requisitions  of 
said  Board. 

809.  § 18.  It  shall  be  the  duty  of  the  Chief  Engineer  of  the 
Fire  Department  at  stated  times,  at  least  twice  in  each  year,  to  de- 
tail a member  of  said  department  to  make  a careful  personal  exam- 
ination of  each  chimney  and  chimney  flue  in  each  building  within 
the  fire  limits,  and  upon  the  spot  note  in  writing  in  a book  to  be 
furnished  him  by  the  Clerk  for  that  purpose,  the  date  of  such 
examination,  the  number  and  location  of  chimneys  in  each  build- 
ing— number  of  flues  in  each,  size  and  construction  of  each  chim- 
ney, stating  specifically  in  what  condition  as  to  absolute  security 
from  danger  each  was  found;  and  if  defective,  from  what  cause, 
and  how,  what  changes  and  repairs,  if  any,  are  needed  to  make 
the  same  absolutely  safe.  Such  examination  shall  be  by  blocks, 
commencing  at  the  north-east  corner  and  going  round  with  the 
sun.  Each  report  book  shall  be  promptly  returned  to  the  Chief 
Engineer,  who  shall  carefully  note  therein  the  date  of  its  receipt 
and  place,  and  keep  the  same  on  file  for  convenient  reference. 
Upon  receipt  of  such  report,  the  Chief  Engineer  shall  thereupon 
draw  a list,  by  blocks,  of  all  buildings  so  reported  as  needing 
attention,  and  within  five  days  from  receipt  of  such  report  the 
Board  of  Fire  Commissioners  shall  personally  exaniine  each  such 
building  and  chimney  contained  in  the  list,  determining  as  to 
each,  and  noting  upon  the  list  what  changes  and  repairs  as  to 
chimneys  and  flues  each  building  requires,  and  in  writing  order 
the  owner  and  occupant  promptly  to  make  and  cause  such  re- 
quired changes  and  repairs  to  be  made,  noting  such  order  upon  the 
list  with  date  thereof.  Failure  to  comply  with  such  order  within 
ten  days  after  service  of  such  order  shall  subject  the  offender  to 
a fine  of  not  less  than  ten  dollars,  and  to  a like  penalty  for  each 
day’s  further  delay. 

810.  § 19.  Upon  complaint  or  statement  in  writing  by  any 
reputable  resident  to  the  Board  of  Fire  Commissioners  that 
there  is  reason  to  doubt  the  probable  safety  of  any  building  or 
chimney,  whether  already  built,  or  in  process  of  construction, 
the  Board  shall  at  once  examine  the  same,  and  if  they  deem 
it  unsafe  or  dangerous,  they  shall  forthwith  in  writing  notify  the 
owner  or  person  in  charge  of  the  same  of  such  defect  or  faulty 
construction,  stating  in  just  what  it  consists  and  what  change  is 


246 


REVISED  ORDINANCES. 


required,  ordering  such  person  or  persons  within  some  short  time 
to  be  named  in  such  order,  to  remedy  such  defect.  Failure  or 
refusal  to  comply  with  any  such  order  within  the  time  named 
therein,  shall  subject  the  offender  to  a penalty  of  not  less  than 
ten  dollars  for  each  offense,  and  a like  penalty  for  each  day’s 
furtlier  delay. 

811.  § 20.  Any  person  violating  the  provisions  of  sections 

1,  2,  3,  5,  6,  7,  8,  9 and  10,  of  this  chapter  shall  be  subject  to  a 
penalty  of  not  less  thanAen  dollars  for  each  offense. 


CHAPTER  XLllI. 

, RAILROADS. 

Setcion.  Section. 

1.  Regulating  speed  of  trains.  Stoppage  ^ 2.  Cars  to  be  free  from  obnoxious  smell ; 

of  streets,  etc. ; penalty.  penalty. 

812.  § 1.  If  any  railroad  company,  conductor,  engineer,  or 
other  employee  of  a railroad  company,  or  other  person  managing 
or  controlling  any  engine,  car  or  train,  shall  in  the  inhabited  part 
of  the  city,  run,  or  suffer  or  permit  to  be  run  any  such  engine, 
car  or  train  upon  any  railroad  track,  at  a speed  exceeding  eight 
miles  per  hour;  or  shall  leave,  or  place,  or  permit  to  be  left  or 
placed,  any  engine  or  car  in  or  upon  any  street,  or  at  the  crossing 
of  the  same  by  said  railroad  track,  and  thereby  obstruct  the  free 
passage  way  across  thereat,  or  in  any  way  obstruct  the  same  for 
any  longer  time  than  is  reasonably  sufficient  by  prompt  and  dili- 
gent attention  and  labor  in  the  discharge  of  the  business  then 
doing  or  to  be  done  by  and  with  such  engine  or  car,  to  remove 
the  same  out  of  the  way  of  such  crossing  or  street;  or  shall  cause 
to  be  run  over  or  injured  by  such  engine,  car  or  train,  any  hose 
laid  across  any  railroad  track  for  the  extinguishing  of  fire;  or 
shall,  by  the  willful  or  careless  use  of  such  engine  or  car,  or  of 
any  locomotive  whistle  or  other  alarm  or  noise,  run  upon,  injure 
or  frighten  any  team  or  animal  then  being  rode,  led  or  driven  at 
or  upon  any  street  crossing,  or  along  any  street  or  highway,  such 
person  so  offending  shall  be  subject  to  a penalty  of  not  less  than 
ten  dollars  for  each  offense. 

813.  § 2.  No  cars  which  have  been  used  for  hauling  stock 
shall  be  left  by  any  railroad  company  upon  tracks  owned  by  them 
in  the  inhabited  portions  of  the  city  without  being  first  thoroughly 
cleansed  and  freed  from  all  obnoxious  smell.  And  any  person  or 
coiporation  violating  this  section  shall  be  subject  to  a penalty  of 
not  less  than  twenty-five  dollars. 


ORDINANCES* 


CHAPTER  XLIV. 

RINGING  OF  BELLS,  &c. 

Section. 

1.  Prohibited  without  permission  of  Mayor. 

814.  § 1.  Any  person  who  shall,  for  the  purposes  of  business 

or  amusement,  use  or  cause  to  be  used  any  bell,  horn,  bugle  or 
other  sounding  instrument,  or  who  shall  employ  any  device,  noise 
or  performance  tending  to  the  collection  of  persons  in  the  streets, 
upon  the  sidewalks,  or  other  public  places  in  the  city,  without 
written  permission  of  the  Mayor,  or  who  shall,  without  such  per- 
mission, by  ringing  of  bells,  blowing  of  horns,  bugles  or  other 
sounding  instruments,  call  together  persons  or  crowds  at  auc- 
tion stores  or  other  places  of  business  in  the  city,  shall,  for  each 
offense,  be  subject  to  a penalty  of  not  less  than  three  dollars. 
The  Mayor  shall  have  power  to  revoke,  at  pleasure,  such  permis- 
sion given. 


CHAPTER  XLV. 

SALARIES  AND  FEES. 


Section. 

1.  Mayor. 

Aldermen. 

City  Clerk. 

City  Treasurer. 

City  Assessor. 

City  Attorney. 

City  Engineer  and  Surveyor. 

City  Marshal. 

Overseer  of  Poor. 

Police  Magistrate  and  Justices  of  Peace. 


Section. 

Superintendent  of  Streets. 

Policemen. 

Judges  and  clerks  of  election. 
Commissioner  of  Health. 

Sealer  of  Weights  and  Measures. 
Inspector  of  Wood  and  Coal. 

Chief  Engineer. 

2.  Officers  to  report  fees  and  compensa- 

tion received. 

3.  Excessive  fees— penalty. 


815.  § 1.  The  salaries,  fees,  and  compensation  of  the  city 

officers,  and  other  persons  rendering  services  to  the  city,  when 
not  otherwise  specially  provided,  shall  be  as  follows,  to- wit : 

The  Mayor,  per  annum,  salary,  three  hundred  dollars. 

The  Aldermen,  each,  two  dollars  for  each  meeting  actually  at- 
tended by  him,  and  no  other  compensation. 

The  City  Clerk,  per  annum,  salary,  one  thousand  dollars. 

The  City  Treasurer,  per  annum,  salary,  twelve  hundred  dollars. 

The  City  Assessor,  per  annum,  salary,  five  hundred  dollars. 

The  City  Attorney,  per  annum,  salary,  six  hundred  dollars. 


/ 


248  REVISED  ORDIXAXCES. 

The  City  Engineer  and  Surveyor,  per  annum,  salary,  two  hun- 
dred and  fift}’^  dollars. 

The  City  Marshal,  per  annum,  salary,  eight  hundred  dollars. 
Fees:  for  keeping  city  prisoners,  each,  per  day  of  twenty-four 
hours,  or  for  a less  time  at  like  rate,  to  be  paid  the  prisoner  on 
conviction,  forty  cents;  where  such  prisoner  shall  not  be  convicted 
of  the  offense  for  which  he  is  imj)risoned,  or  if  convicted  and  the 
costs  cannot  be  collected  from  him,  then  said  fees  shall  be  paid 
by  the  cit}’’  to  the  Marshal  for  such  keeping;  and  where  a prisoner 
is  arrested  and  committed  to  the  city  prison  for  any  offense  for 
which  he  shall  be  afterward  convicted,  it  is  hereby  made  the  duty 
of  the  City  Marshal  to  prove  on  the  trial  the  amount  of  fees  due 
him  under  this  chapter  for  the  arrest  and  keeping  of  such  person 
up  to  that  time,  and  the  same  shall  be  by  the  court  included  in 
the  judgment  against  such  prisoner  for  costs;  for  the  service  of  all 
process  or  performance  of  other  duties,  the  fees  allowed  by  law 
ill  such  cases,  but  in  no  case  to  be  charged  to  the  city  when  not 
collectible  from  other  parties,  and  in  no  case  is  the  city  to  be 
chargeable  for  fees  unless  so  specially  provided;  nor  shall  tlie 
Marshal  receive  or  retain  fees  in  any  case  until  he  has  paid  over 
to  the  citv  the  entire  amount  of  the  fine. 

The  Overseer  of  the  Poor,  per  annum,  salary,  seven  hundred 
and  twenty  dollars. 

The  Police  Magistrate  and  Justices  of  the  Peace,  for  monthly 
reports  to  the  City  Council,  each,  one  dollar. 

The  Superintendent  of  Streets,  per  annum,  nine  hundred  dol- 
lars. 

Policemen,  sixty  dollars,  each,  per  month. 

The  judges  and  clerks  of  election,  such  compensation  as  al- 
lowed by  law  at  general  elections. 

Commissioner  of  Health,  per  annum,  two  hundred  dollars. 

Sealer  of  \Yeights  and  Measures,  salary,  per  annum,  one  hun- 
dred dollars,  and  fees  as  provided  in  Section  6,  Chapter  XII.,  of 
this  ordinance. 

The  Inspector  of  Wood  and  Coal,  shall,  each  year,  be  enti- 
tled to  retain,  as  salary,  the  fees  of  his  office  to  an  amount  not 
exceeding  six  hundred  dollars;  and  all  receipts  of  his  office  in 
excess  of  such  salary  shall  be  paid  by  him  into  the  city  treasury 
as  provided  by  ordinance. 

Chief  Engineer  of  Fire  Department,  per  annum,  two  hundred 
and  fifty  dollars. 

810.  § 2.  All  salaries  herein  fixed  and  provided  for  shall  be 

payable  on  the  express  condition  that  each  officer  claiming  pay- 
ment of  his  salary,  shall  make  a detailed  report  to  the  City  Coun- 
cil of  all  fees  and  compensation  received  In^  him,  by  virtue  of 
such  office,  or  for  the  discharge  of  any  of  the  duties  of  such  office. 


249 


REVISED  ORDINANCES. 

817.  § 3.  Aliy  person  under  this  ordinance  entitled  to  charge 

and  receive  any  fees,  who  shall  demand  or  receive  any  greater 
sum  than  he  is  entitled  to  under  the  provisions  hereof,  shall, 
where  no  other  penalty  is  specially  provided,  be  subject  to  a 
penalty  of  not  less  than  ten  dollars. 


CHAPTER  XLVI. 

SCAVENGERS. 

Section. 

6.  Garbage,  etc.,  to  be  placed  convenient 
for  removal,  etc. 

7.  Depositing  garbage,  rubbish,  etc.,  in 
street. 

8.  City  Scavenger  only  to  remove  garbage 
—exception— water-tight  vehicle. 

9.  Penalty. 

818.  § 1.  For  the  purpose  of  collecting  garbage  and  ashes  in 
the  city  of  Galesburg,  the  said  city  is  hereby  divided  into  two 
districts,  the  first  district  to  be  composed  of  all  that  portion  of  the 
city  lying  north  of  the  centre  of  Main  street ; the  second  district 
to  consist  of  that  portion  lying  south  of  the  centre  of  Main  street. 

819.  8 2.  At  the  first  meetino;  of  the  Council  after  the  elec- 
tion  in  each  year,  or  as  soon  thereafter  as  may  be,  the  Mayor  shall 
appoint,  with  the  advice  and  consent  of  the  City  Council,  one  suit- 
able person  for  each  district  to  be  known  as,day  scavenger  ; and 
to  act  as  such  during  the  current'  year,  and  until  his  successor 
shall  be  appointed  and  qualified. 

820.  § 3.  It  shall  be  the  duty  of  each  day  scavenger  to  visit 
every  building  in  his  district,  three  times  in  each  week,  from  the 
1st  of  April  to  October  1st,  and  twice  a week  the  remaining  six 
months,  and  collect  all  garbage,  ashes,  and  house  dirt.  This  gar- 

» bage,  ashes  and  debris,  shall  be  carted  to  such  place  or  places  as 
the  Board  of  Health  may  direct,  and  it  is  strictly  forbidden  to 
deposit  such  garbage,  ashes  or  debris  in  any  place  except  where 
the  Board  of  Health  may  direct,  under  a penalty  of  not  less  than 
one  dollar  for  each  offense. 

821.  § 4.  Each  day  scavenger- shall,  before  entering  upon  the 
duties  of  his  office,  provide  himself  with  a water-tight,  close  box 
or  vehicle,  so  arranged  as  to  prevent  escape  of  liquids  and  offen- 
sive odor  therefrom  in  conveyance  of  garbage  thnjugh  the  streets, 
by  him  and  those  under  him  ; and  likewise  file  with  the  City 
Clerk  a bond  in  the  penal  sum  of  two  hundred  dollars,  with  at 


Section. 

1.  Districts. 

2.  Appoiutments. 

3.  Collecting  garbage,  etc.— place  of  de- 

posit— penalty. 

4.  Kind  of  vehicle— bond. 

5.  Compensation. 


250 


jREVISED  OEDINANCES. 

least  one  responsible  surety,  approved  by  the  Mayor,  and  condi- 
tioned for  the  faithful  performance  of  his  duties  as  such  scaven- 
ger under  the  provisions  of  any  and  all  city  ordinances  in  force 
during  his  term,  and  that  he  will  comply  with  such  rules  and 
reg:ulations  as  may  from  time  to  time  be  prescribed  by  the  Board 
of  Health. 

822.  § o.  Each  day  scavenger  shall  receive  for  his  services 
the  sum  of  fifteen  dollars  a month  from  the  first  day  of  April  to 
the  first  day  of  December  in  each  year  ; and  ten  dollars  a month 
from  the  first  day  of  December  to  the  first  day  of  April  following. 

823.  § 6.  The  owner  of  or  person  occupying,  every  dwel- 
ling, shall  on  each  morning  when  the  scavengers  call,  put  his  or 
her  garbage  and  ashes  in  some  convenient  place  for  them  to  be 
removed,  the  garbage  and  ashes  to  be  kept  in  separate  boxes  or 
barrels,  and  the  one  containing  garbage  to  be  water-tight. 

824.  § 7.  It  shall  be  unlawful  for  any  person  to  throw  or  lay 
any  ashes,  olfal,  vegetables,  garbage,  cinders,  shells,  shavings,  dirt, 
old  hoops  or  rubbish  of  any  kind,  in  any  street,  lane,  alley  or  pub- 
lic place  in  the  districts  described  in  section  one  of  this  chapter. 
It  shall  also  be  unlawful  for  any  person  to  turn  or  upset  any  tub, 
box,  barrel  or  other  vessel  containing  garbage  or  ashes,  thereby 
spilling  the  contents  on  any  street,  lane,  alley,  or  public  or  private 
property. 

825.  § 8.  It  shall  be  unlawful  for  any  person  to  gather  up 
and  take  away  any  slops  or  garbage  from  any  house  or  premises 
not  occupied  by  himself  or  his  employers,  without  first  having 
been  appointed  so  to  do  as  heretofore  provided.  It  shall,  in  like 
manner  be  unlawful  for  any  person  to  remove  any  garbage  either 
from  his  own  or  another’s  premises  through  the  streets  or  alleys 
of  the  city  in  any  other  than  a close  water-tight  vessel  or  vehicle. 

826.  § 9.  The  violation  of  any  of  the  provisions  of  sections 
seven  or  eight  of  this  chapter  shall  be  declared  a misdemeanor, 
and  the  person  so  violating  shall,  on  conviction,  be  fined  not  less 
than  one  dollar  for  each  offense  and  costs  of  prosecution. 


REVISED  ORDINANCES. 


251 


CHAPTER  XLVir. 


SETTLEMENTS  OF  OFFICERS. 


Section. 

1.  Officers  failing  to  pay  over  funds. 

2.  Notice,  etc.,  to  defaulter. 

3.  Finance  Committee  to  supervise  ac- 

counts of  officers. 


Section. 

4.  Annual  reports  of  officers. 

Finance  Committee  to  settle  with  offi- 
cers. 

6.  Fiscal  year. 


827.  § 1.  Whenever  any  city  officer  shall  neglect  or  refuse 
to  pay  over  any  moneys,  or  to  make  proper  settlement  of  his  ac- 
counts, or  of  any  claim  of  the  city  placed  in  his  hands  for  collec- 
tion as  required  by  ordinance,  or  whenever  upon  the  adjustment 
of  the  account  of  any  city  officer,  any  moneys  shall  be  found  due 
by  him  to  the  city,  and  the  same  shall  not  be  paid  immediately 
into  the  city  treasury,  and  the  Treasurer’s  receipt  therefor  filed 
with  the  City  Clerk,  the  City  Clerk  shall  forthwith  report  such 
officer,  with  an  abstract  of  his  account,  to  the  City  Council. 

828.  § 2.  Notice  thei-eof  shall  be  g'iven  to  such  officer,  and 
to  his  sureties,  by  the  Mayor,  and  unless  such  account  be  ren- 
dered and  the  amount  due  paid  within  ten  days  after  such  notice, 
suit  shall  be  brought  on  his  official  bond  for  the  amount  with 
which  he  stands  charged,  or  such  other  measures  taken  as  will 
secure  the  city  from  loss.  An  abstract  of  the  account  of  such  offi- 
cer, certified  to  by  the  City  Clerk,  under  the  corporate  seal,  shall 
be  delivered  to  the  City  Attorney. 

829.  § 3.  The  Committee  on  Finance  shall  prescribe  the 
manner  in  which  the  books  and  accounts  of  all  city  officers  shall 
be  kept,  in  order  to  establish  uniformity  therein.  They  shall,  at 
least  quarterly,  examine  the  books,  accounts  and  papers  of  all  city 
officers,  and  see  that  they  are  properly,  regularly  and  neatly  kept 
and  preserved,  and  that  the  books,  accounts  and  papers  belong- 
ing to  the  offices  of  the  Clerk,  Treasurer  and  Assessor,  are  secure 
from  loss  or  accident  by  fire;  and  they  shall  report  to  the  City 
Council  any  neglect  or  refusal  on  the  part  of  any  city  officer  to 
keep  his  books  or  accounts  properly,  or  to  preserve  any  papers 
pertaining  to  his  office. 

830.  § 4.  Every  city  officer,  not  required  by  the  general  in- 
corporation act  so  to  do,  shall  annually,  as  soon  as  practicable, 
after  the  close  of  tlie  fiscal  year,  rejiort  to  the  City  Council,  a com- 
plete statement  of  the  transactions  of  his  office  for  the  preceding 
year. 

831.  § 5.  The  Committee  on  Finance  shall  make  settlement 
with  all  city  officers  at  the  expiration  of  their  terms  of  office,  and 


253 


REVISED  ORDINANCES. 


report  the  same  to  the  City  Council.  If  they  shall  be  unable  to 
make  settlement  vrith  any  officer,  they  shall  state  the  fact,  and  the 
causes  which  prevent  such  settlement. 

832.  § 6.  The  fiscal  year  of  the  city  shall  commence  on  the 

first  day  of  April  in  each  year. 


CHAPTER  XLVIII.  • 


SIGNS  AND  AWNINGS. 


Section. 

1.  Manner  of  construction. 

2.  Penalty  for  constructing  contrary  to 

this  chapter. 

3.  Dangerous  awnings  declared  nuisances 

— removal. 


Section. 

4.  Signs  across  streets  and  sidewalks— 

removal. 

5.  Removal,  etc.,  of  signs — penalty. 


833.  § 1.  All  awnings  over  any  sidewalk  in  the  city  shall  be 
set  not  less  than  seven  feet  above  the  sidewalk,  and  securely  sup- 
ported by  iron  brackets,  or  by  an  iron  framework,  firmly  attached 
to  the  building,  so  as  to  leave  the  sidewalk  wholly  unobstructed; 
andjio  awning  shall  project  over  the  sidewalk  to  exceed  three- 
fourths  of  the  width  thereof. 

834.  § 2.  Whoever  shall  erect,  or  cause  to  be  erected,  any 
awning,  contrary  to  the  requirements  hereof,  or  shall  suffer  or 
permit  any  awning  in  front  of  any  premises  owned  or  occupied 
by  him  to  be  in  such  condition  as  to  be  insecure,  or  dangerous  to 
the  safety  of  persons  passing  under  the  same,  shall  be  subject  to 
a penalty  of  not  less  than  five  dollars. 

835.  § 3.  Any  awning  which  may  be  constructed  contrary  to  the 
provisions  hereof,  or  which  shall  not  be  removed  or  made  to  con- 
form to  the  requirements  hereof,  after  ten  days’  notice,  as  herein 
required,  or  which  shall  be  in  such  condition  as  to  be  insecure,  or 
dangerous  to  the  safety  of  persons  passing  under  the  same,  is 
hereby  declared  a nuisance,  and  the  Marshal  shall  remove,  or 
cause  the  same  to  be  removed,  and  the  costs  of  such  removal  mav 
be  collected  from  the  owner  of  such  awning,  or  persons  using  the 
same,  or  causing  it  to  be  erected,  and  be  recovered  by  suit  in  the 
name  of  the  city  before  any  court  having  jurisdiction. 

836.  § 4.  No  permanent  sign  or  fixture  of  any  kind,  whether 
box,  board,  flag,  or  other  thing,  shall  be  constructed  or  suspended 
across  any  of  the  streets  or  sidewalks,  nor  shall  the  same  extend 
more  than  three  feet  from  the  wall  of  the  building  where  such  sign 
is  placed,  and  no  temporary  sign  or  flag  shall  be  placed  or  sus- 
pended over  a street  or  sidewalk  to  the  inconvenience  of  persons 


REVISED  ORDINANCES. 


253 


or  frightening  of  animals;  and  all  such  temporary  signs  or  flags 
thus  suspended  or  placed  shall  be  immediately  removed  on  request 
of  the  Mayor  or  any  police  officer. 

837.  § 5.  Any  sign,  sign-board  or  other  sign-fixture  already 

erected  or  placed,  and  not  in  accordance  with  this  chapter,  shall 
be  removed  or  made  conformable  to  this  chapter  within  five  days 
after  notice  thereof  by  the  City  Mai'shal  ; and  it  is  hereby  made 
the  special  duty  of  the  City  Marshal  to  give  such  notice  without 
delay  to  all  persons  who  have  erected,  or  shall  hereafter  erect  or 
place,  any  sign  contrary  to  this  chaptei’ ; and  for  any  violation  of 
any  provision  of  this  chapter  the  party  offending  shall  be  subject 
to  a penalty  of  not  less  than  five  dollars,  and  also  a further  penalty 
of  one  dollar  per  day  for  every  day  the  same  shall  remain  after 
notice  to  remove  it. 


CHAPTER  XLTX. 

SPECIAL  ASSESSMENTS. 

Section. 

1.  Collector  to  report  delinquent  list. 

838.  § 1.  It  shall  be  the  duty  of  the  collector  of  taxes  for 

the  city  and  town  embraced  within  the  limits  of  the  city  of  Gales- 
burg, at  the  time  when  the  general  tax  books  are  retuiiied  to  the 
County  Collector  each  year  to  make  to  the  County  Collector  a 
report  in  writing  of  all  lands,  town  lots  and  real  property  on  which 
he  shall  have  been  unable  to  collect  special  assessments — said 
report  to  be  made  in  manner  and  form  as  provided  by  law. 


254 


REVISED  ORDINANCES. 


CHAPTER  L. 


STREETS  AND  SIDEWALKS. 


Section. 

1.  Obetructing  streets,  alleys,  sidewalks ; | 

peualty. 

2.  Obstructions  in  streets.  Dangerous 

openings,  etc. ; peualty. 

.3.  Openings  in  sidewalks  to  be  covered. 

4.  Prohibiting  excavations  in  streets,  etc.-; 

penalty. 

5.  All  damage  by  excavation,  etc.,  to  be 

repaired  by  oftender. 

6.  How  streets  to  be  protected  in  case  of 

excavation. 

7.  Encroachment  upon  streets  prohibited. 


Section. 

8.  Superintendent  of  Streets  to  remove 

obstruction. 

9.  Prohibits  stopping  of  teams  in  streets, 

etc. 

10.  Prohibits  throwing  of  ashes  or  rub- 

bish in  streets;  penalty. 

11.  Changing  corner  stone  or  grade  stake; 

penalty. 

12.  Sidewalks  to  be  kept  free  from  water; 

penalty. 

13.  Obstructing  streets  with  animals ; pen- 

alty. 


839.  § 1.  No  builder  or  other  person  shall  encumber  or  ob- 
struct any  street,  alley  or  sidewalk,  with  building  material  or 
other  things,  without  a written  permit  from  the  Mayor;  nor,  ex- 
cept in  cases  of  urgent  necessity  and  for  a reasonable  time,  obstruct 
more  than  one-third  of  any  street  or  alley,  or  one-half  of  the  side- 
walk, nor  continue  the  same  longer  than  necessary  in  the  diligent 
erection  of  such  building,  or  the  prosecution  of  the  work  on  hand; 
nor  siiall  any  person,  without  like’ permit,  remove,  cause  to  be 
removed,  or  aid  in  removing  any  building  through  or  across  any 
street  or  alley;  nor  in  making  any  such  removal  encumber  or  ob- 
struct any  street,  alley  or  sidewalk,  for  a longer  time  than  neces- 
saiy  in  the  diligent  removal  thereof ; and  for  a violation  of  any  of 
the  provisions  of  this  section  the  party  offending  shall  be  subject 
to  a penalty  of  not  less  than  ten  dollars. 

840.  § 2.  No  person  shall  place,  throw  or  leave,  or  cause  so 
to  be  done,  any  obstruction  or  incumbrance,  not  otherwise  allowed 
by  ordinance  or  permit  from  an  authorized  officer,  in  any  street, 
alley  or  sidewalk,  or  dig  or  remove  any  earth  from  any  street  or 
alley,  without  written  consent  of  the  Superintendent  of  Streets  ; 
nor  obstruct  or  encumber  any  street,  alley  or  sidewalk,  with  mer- 
chandise, fuel,  or  other  articles  of  property  longer  than  necessary 
for  the  diligent  removal  of  the  same,  nor  leave  open  any  cellar, 
cellar  door,  vault,  well,  cistern,  excavation,  ditch,  coal  hole  or 
other  like  hole,  where  persons  or  animals  passing  by  shall  be  lia- 
ble to  fall  in,  or  suffer  damage,  without  carefully  guarding  such 
place  against  such  accidents,  or  shall  leave  open  the  said  places 
after  night,  and  any  person  violating  the  provisions  of  this  section 
shall  be  subject  to  a penalty  of  not  less  than  live  dollars. 

841.  § 3.  Every  opening  in  any  vault  or  coal  hole,  or  aper- 


REVISED  ORDINANCES. 


255 


ture  in  the  sidewalk  over  said  coal  hole  or  vault,  shall  be  covered 
with  a substantial  iron  plate  with  a rough  surface  so  as  to  pre- 
vent accident,  and  the  entire  construction  of  such  holes  or  vaults 
and  coverings  therefor  shall  be  subject  to  the  approval  and  direc- 
tion of  the  Superintendent  of  Streets. 

842.  § 4.  No  contractor  of  public  works,  or  of  private 
buildings,  or  other  person  not  authorized  by  ordinance,  shall 
make  any  excavation  in  any  street,  alley  or  sidewalk,  without 
written  authority  from  the  Mayor  or  Superintendent  of  Streets, 
nor  remove  or  tear  up  any  sidewalk,  crossing,  culvert,  or  bridge  ; 
and  when  any  such  excavation  is  made,  or  such  sidewalk,  bridge, 
crossing,  or  culvert  is  opened  with  proper  leave,  it  shall  be  care- 
fully guarded  and  speedily  restored,  or  rebuilt,  so  that  persons 
and  animals  passing  along,  and  on  the  same,  shall  be  secure  against 
accident  and  inconvenience;  nor  shall  any  person  without  written 
permit  from  the  Superintendent  of  Streets  or  Mayor,  tear  up  any 
planked  or  paved  sidewalk,  crossing,  bridge  or  culvert,  for  any 
purpose,  and  for  a violation  of  any  of  the  provisions  of  this  section 
the  party  otfending  shall  be  subject  to  a penalty  of  not  less  than 
five  dollars. 

843.  § 5.  Any  person  who  shall  make  any  excavation  in  any 
street,  alley,  or  sidewalk,  or  who  shall  tear  up  any  planked  or  paved 
street,  alley,  sidewalk,  crossing,  bridge  or  culvert,  for  any  pur- 
pose, or  shall  negligently  break  or  injure  the  same,  shall  without 
delay,  cause  such  planked  or  paved  street,  alley  or  sidewalk,, 
crossing,  bridge  or  culvert,  to  be  repaired  and  placed  in  the  same 
condition  as  before  the  breaking  or  injuring  thereof,  and  when 
necessary,  from  time  to  time,  to  continue  to  repair  the  same  by 
refilling  until  the  earth  is  fully  settled,  and  the  repairs  made  com- 
plete, and  for  a failure  or  refusal  to  comply  with  the  requirements 
of  this  section  such  person  shall  be  subject  to  a penalty  of  not 
less  than  five  dollars,  besides  all  the  expenses  and  costs  required  i 
by  the  Superintendent  of  Streets  to  make  such  repairs  because 
of  such  failure  or  refusal. 

844.  § 6.  Whenever  any  owner  or  occupant  of  any  lot  shall 
cause  or  permit  any  excavation  to  be  made  on  such  lot  suffi- 
ciently near  the  street  line  to  endanger  such  street  by  liability  to 
caving  of  the  ground,  it  shall  be  the  duty  of  such  owner  or  occu- 
pant, immediately  to  construct  a solid  and  substantial  wall,  suf- 
ficient for  the  protection  of  such  street  from  such  liability.  Any 
person  who  shall  neglect  to  conform  to  the  provisions  of  this  sec- 
tion shall  be  held  responsible  for  all  damage  done  to  the  street, 
the  result  of  such,  neglect,  and  shall  be  subject  to  a penalty  of  not 
less  than  ten  dollars. 

845.  § 7.  No  person  shall  make,  or  cause  to  be  made  any 


256 


REVISED  ORDINANCES. 


fence,  building  or  other  structure,  encroaching  in  whole  or  in 
part  upon  any  street,  alley  or  sidewalk.  The  Superintendent  of 
Streets,  when  it  shall  come  to  his  knowledge  that  any  person  has 
made  or  caused  to  be  made  any  such  structure  so  Encroaching 
upon  any  street,  a,lley  or  sidewalk,  shall  notify  such  person  to 
remove  the  same,  which  notice  shall  be  a reasonably  sufficient 
time  to  perform  such  removal.  Any  violation  of  the  provisions 
of  this  section  shall  subject  the  party  offending  to  a penalty  of 
not  less  than  ten  dollars  for  every  day  he  shall  suffer  the  same  to 
remain  after  such  notice  by  the  Superintendent  of  Streets  to 
remove  such  structure. 

846.  § 8.  Upon  the  failure  of  the  party  so  notified  to  remove 
such  obstruction,  the  Superintendent  of  Streets  shall  cause  any 
such  incumbrance,  obstruction,  erection  or  enclosure  in  or  upon 
any  street,  alley  or  sidewalk  to  be  removed,  and  the  costs  of  such 
removal  may  be  collected  from  the  person  causing  such  obstruc- 
tion, with  the  penalty,  or  in  a separate  suit,  in  the  name  of  the 
city. 

847.  § 9.  Whoever  shall  obstruct  any  street,  alley  or  street 
crossing,  by  unnecessarily  stopping  thereon  with  any  team,  vehi- 
cle, animal  or  other  thing,  or  leave  any  team,  vehicle,  car,  wagon 
or  animal  in  the  street  or  alley  before  or  beside  any  occupied 
premises,  contrary  to  the  wishes  of  the  occupant  thereof,  and 
shall  not  immediately  remove  the  same  on  request  of  the  per- 
son aggrieved,  or  being  owner  or  driver  of  anv  wagon,  dray  or 
other  vehicle,  shall  make  a permanent  stand  or  place  of  stopping 
in  front  of  any  premises  without  the  consent  of  the  owner  or 
occupant  thereof,  or  shall  lead,  ride  or  drive  any  team  or  beast, 
or  drive,  or' push  any  sleigh,  carriage  or  other  vehicle,  over  or 
upon  any  paved  or  planked  sidewalk,  except  at  the  proper  en- 
trances to  and  from  the  premises,  shall  be  subject  to  a penalty  of 
not  less  than  five  dollars. 

848.  § 10.  Whoever  shall  throw  or  deposit  any  ashes  or  dirt 
upon  the  graveled  streets,  or  place  or  leave  any  waste  paper, 
show-bill  or  paper  torn  from  the  bulletin  boards,  or  any  dead  dog, 
cat,  pig,  or  any  other  like  offensive  thing,  or  any  rubbish  of  any 
kind  whatever,  in  or  upon  any  street,  alley  or  sidewalk,  or  shall 
knowingly  suffer  it  to  be  done  in  front  of  or  adjoining  any  prem- 
ises owned  or  occupied  by  him,  or  under  his  control,  and  any 
person  owning  or  occupying  any  house  or  lot  fronting  upon  any 
street  in  this  city,  who  shall  allow  may- weed,  or  grass  or  weeds 
of  any  kind  to  grow  between  the  front  of  their  premises  and  the 
middle  of  the  street,  to  the  inconvenience  of  persons  passing,  or 
to  the  detriment  of  the  public  health,  shall  be  subject  to  a pen- 
alty of  not  less  than  one  dollar,  and  a like  penalty  for  every  hour 


KEVISED  ORDINANCES. 


251 

any  of  the  articles  are  suffered  to  remain  after  notice  by  the 
Superintendent  of  Streets  to  remove  the  same. 

849.  § 11.  ' Whoever  shall  purposely  change  or  remove  any 
stake,  post  or  stone,  placed  or  set  to  designate  the  corner  or  line 
of  any  lot  or  land,  street  or  alley,  or  to  show  the  grade  of  any 
street,  alley  or  sidewalk,  shall  be  subject  to  a penalty  of  not  less 
than  five  dollars. 

850.  § 12.  It  shall  also  be  the  duty  of  any  person  owning 
or  occupying  any  building,  or  having  the  care  or  control  thereof, 
from  which  the  water  may  fall  to  the  sidewalk  in  front  thereof, 
to  provide  for  the  escape  of  such  water,  so  it  shall  not  spread 
over  the  sidewalk.  Whoever  shall  violate  any  provision  of  this 
section,  shall  be  subject  to  a penalty  of  two  dollars,  and  a like 
penalty  for  each  day  he  shall  neglect  to  remedy  the  same,  after 
notice  by  the  Superintendent  of  Streets. 

851.  § 13.  Whoever  shall  obstruct  any  street,  alley  or  public 
ground,  by  stopping,  herding  or  feeding  any  herd  or  drove  of 
swine,  cattle,  sheep,  horses,  mules,  or  .like  animals  thereon,  shall 
on  conviction,  be  subject  to  a penalty  of  not  less  than  three  dol- 
lars. 


CHAPTER  LI. 

SEAL. 

852.  § 1.  The  seal  heretofore  provided  and  used  by  and  for 

the  city  of  Galesburg,  the  impression  on  which  is  a representation 
of  Knox  College  building  and  the  words,  “The  City  of  Gales- 
burg,” shall  be  and  is  hereby  established  and  declared  to  have  > 
been  and  now  to  be  the  seal  of  the  city  of  Galesburg. 


CHAPTER  LII. 

SUNDAY. 

Section.  > Section. 

1.  Keeping  open  place  of  business  on;  2.  Playing  at  games,  etc.,  upon ; penalty 
penalty,  etc.;  exception.  I 

853.  § 1.  It  shall  be  unlawful  for  any  person  in  this  city,  on 

the  first  day  of  the  week,  commonly  called  Sunday,  to  engage  in 
any  ordinary  labor,  trade  or  business,  or  to  keep  open  any  house 
17 


258 


REVISED  ORDINANCES. 


of  trade,  shop,  saloon,  store,  grocery  or  restaurant,  or  any  place  of 
business  or  amusement,  or  to  sell  or  traffic  in  any  article,  and  any 
person  convicted  of  any  of  the  offenses  enumerated  in  this  sec- 
tion, shall  be  subject  to  a penalty  of  not  less  than  five  dollars. 
Provided^  that  this  section  shall  not  be  construed  to  prohibit 
works  of  necessity  or  charity. 

854.  § 2.  It  shall  be  unlawful  for  any  person  or  persons  in 

said  city,  on  the  first  day  of  the  week,  commonly  called  Sunday, 
to  disturb  the  peace  and  good  order  of  the  city  by  engaging  in 
the  amusements  or  exercises  of  dancing,  jumping,  skating,  run- 
ning horses,  playing  at  ball,  ten-pins,  billiards,  cards,  marbles  or 
other  games,  wrestling,  boxing,  pitching  quoits,  hunting,  or  any 
amusements  or  exercises  of  like  nature;  and  every  person  con- 
victed of  anv  of  the  offenses  enumerated  in  this  section,  shall  be 
subject  to  a penalty  of  not  less  than  three  dollars.  Provided^ 
that  this  chapter  shall  not  be  construed  to  prevent  the  due  exer- 
cise of  the  rights  of  conscience  by  whomever  thinks  it  proper  to 
keep  any  other  day  as  the  Sabbath. 


CHAPTER  LIII. 

' TREES  AND  HEDGES. 

Section.  Section. 

1.  Planting  trees  along  sidewalks.  3.  Osage  hedges  prohibited. 

2.  Shade  trees  to  he  kept  trimmed.  I 

855.  § 1.  All  shade  or  ornamental  trees,  hereafter  to  be  set 
along  any  street,  shall  be  planted  not  less  than  eight  feet  from 
the  front  line  of  the  lots.  Whoever  shall  plant  any  tree  contrary 
to  this  section,  shall  be  subject  to  a penalty  of  one  dollar  for  each 
tree  so  planted,  together  with  the  costs  of  the  removal  thereof, 
and  the  Superintendent  of  Streets  shall  cause  such  trees  to  be 
removed. 

856.  § 2.  All  trees  shall  be  kept  trimmed  up  by  the  owner 
or  occupant  of  the  premises  in  front  of  which  they  stand,  so  as  to 
allow  a safe,  convenient  and  unobstructed  passage  of  all  persons 
along  the  sidewalk  or  in  the  street,  and  all  trees  within  the  lamp 
district  shall  be  kept  trimmed  above  the  lamps  so  as  not  to  obstruct 
the  light,  and  if  the  owner  or  occupant  of  the  premises  before 
which  such  trees  stand  shall,  after  due  notice  by  the  Superinten- 
dent of  Streets,  neglect  or  refuse  to  trim  such  trees,  the  Superin- 
tendent of  Streets  shall  cause  the  same  to  be  done,  and  the  party 


REVISED  ORDINANCES. 


259 


SO  refusing  or  neglecting  shall  pay  all  costs  of  such  labor,  together 
with  a penalty  of  one  dollar  for  each  tree,  to  be  recovered  as  other 
penalties. 

857.  § 3.  No  person  shall  hereafter  plant  or  grow  any  Osage 

orange  or  other  thorny  hedge  along  any  street  or  alley  line 
within  the  city  so  that  it  shall  in  any  degree  overhang  any  side- 
walk, and  it  shall  be  the  duty  of  the  owner  or  occupant  of  any  lot 
or  ground  having  an  Osage  orange  or  other  thorny  hedge  next  a 
sidewalk,  street  or  alley,  to  keep  the  same  well  trimmed  and 
clean,  free  from  all  obstruction  to  the  sidewalk,  alley  or  street, 
and  all  thorny  trimmings  or  brush  removed  or  destroyed,  so  as  to 
be  wholly  out  of  the  way  of  those  passing  along  such  street,  alley 
or  sidewalk,  either  on  foot,  or  by  teams  and  wagons,  or  other 
vehicles.  And  every  person  offending  against  the  provisions  of 
this  section  shall  be  subject  to  a penalty  of  not  less  than  twenty 
dollars,  together  with  all  the  costs  and  expenses  incurred  by  the 
Superintendent  of  Streets  in  and  about  the  trimming  of  such 
hedge,  or  the  destruction  of  the  brush  or  trimmings  thereof,  and 
said  Superintendent  of  Streets  is  hereby  required  to  give  due 
notice  to  such  party  so  required  to  keep  such  hedge  in  order,  and 
on  his  failure  to  attend  to  the  same,  said  Superintendent  of  Streets 
shall  do  so. 


CHAPTER  LIV. 

TRESPASS.  I 

Section.  I Section. 

1.  General  trespass.  ' 2.  Posting  bills,  etc. 

858.  § 1.  Whoever  shall  willfully,  maliciously  or  negligently 
break,  deface,  destroy,  retnove,  trespass  upon  or  otherwise  injure 
any  public  or  private  property  shall,  on  conviction,  be  subject  to 
a penalty  of  not  less  than  two  dollars. 

859.  § 2.  Whoever  shall,  without  the  consent  of  the  owner, 
occupant,  or  person  or  corporation  having  control  of  the  premises, 
paint,  post,  put  up,  stick  or  place  any  advertisement,  hand- bill, 
placard,  show-bill,  circular  or  other  notice  or  matter,  upon  any 
building,  tree,  box,  fence,  sidewalk,  lamp-post,  or  awning,  or  shall 
mark,  cut  or  scratch,  or  otherwise  deface,  any  fence,  or  any  part 
of  any  building,  or  other  property,  shall  be  subject  to  a penalty 
of  not  less  than  two  dollars. 


260 


REVISED  ORDT  N A X C E S . 


CHAPTER  LV. 

VAGRANCY 

Section.  | Section. 

1.  Vagrants  described.  ! 3.  Gaming  instruments,  etc , found  in 

2.  Arrest  of  vagrants— penalty.  possession— destruction  of. 

860.  § 1.  The  following  named  and  described  persons  shall 

be,  and  they  are  hereby  declared  to  be  vagrants,  and  they  shall 
be  arrested  and  punished  as  such  in  the  manner  hereinafter  pro- 
vided, to-wit : 

First — All  persons  in  said  city  able  to  support  themselves  in 
some  honest  and  respectable  employment,  calling  or  business, 
and  not  having  visible  means  to  maintain  themselves,  and  who 
live  idly  and  without  lawful  employment  or  business,  or  who 
shall  be  found  loitering  or  strolling  about,  frequenting  places 
where  liquor  of  any  kind  is  sold,  drank  or  kept,  or  staying  at 
or  lodging  in  dram-shops,  tippling-houses,  beer-houses,  eating- 
houses,  or  houses  of  ill-fame,  or  market-places,  ten-pin  alleys, 
billiard  rooms,  sheds,  stables,  or  in  the  open  air,  either  during  the 
day  time  or  night. 

Second — All  persons  in  said  city  able  to  support  themselves  in 
some  honest  or  respectable  calling  or  business,  and  who,  instead 
thereof,  lead  an  idle,  immoral  or  profligate  course  of  life;  and  all 
persons  in  said  city  who  shall  be  found  trespassing  upon  the  pri- 
vate premises  of  other  persons,  and  not  giving  a good  account  of 
themselves,  or  who  shall  be  found  wandering  abroad  and  from 
place  to  place  in  said  city,  begging,  or  placing  themselves  in  the 
streets  or  other  thoroughfares,  or  in  public  places,  to  beg  or  to 
receive  alms. 

Third — All  persons  who  are  gamblers,  pickpockets  or  prosti- 
tutes, who  travel  about  through  the  city  by  day  or  night,  or  fre- 
quent or  remain  at  gambling  houses,  houses  of  ill-fame  or  places 
where  liquor  is  sold,  drank  or  kept;  or  who  remain  on  railroad 
cars  or  other  places,  and  travel  about  from  place  to  place,  not 
following  any  lawful  employment  or  business. 

Fourth — All  persons  upon  whom  or  upon  whose  premises  shall 
be  found  any  gambling  apparatus  or  device  used  for  the  purposes 
of  gambling,  or  any  slung-shot,  colt,  or  knuckles  of  lead,  brass 
or  other  metal,  or  any  instrument,  composition  or  thing,  used  for 
the  commission . of  burglary,  arson,  or  for  the  picking  of  locks 
or  pockets,  or  for  the  playing  of  any  fraudulent  trick  or  games, 
or  for  the  manufacture  of  counterfeit  money,  or  for  the  com- 
mission of  an}’’  unlawful  act,  and  who  cannot  give  a good  and  ' 
satisfactory  account  of  their  possession  of  the  same. 


REVISED  ORDINANCES. 


261 


861.  § 2.  It  shall  be  the  duty  of  the  Police  Magistrate,  or 
any  Justice  of  the  Peace  of  the  city  of  Galesburg,  on  complaint 
under  oath,  made  by  any  citizen  thereof,  to  issue  a warrant  for 
the  arrest  of  any  or  all  such  persons  as  are  described  in  the 
foregoing  sections,  which  warrant  shall  be  placed  in  the  hands  of 
some  officer  of  said  city  authorized  to  make  arrests,  who  shall 
thereupon  make  the  arrest  of  such  person  or  persons  as  afore- 
said, and  take  him  or  them  before  a magistrate  of  said  city  for 
trial;  and  every  person  deemed  guilty  and  convicted  of  vagrancy 
under  this  chapter,  shall  forfeit  and  pay  any  sum  not  less  than 
five  dollars,  and  the  costs  of  such  proceeding,  and  in  default  of 
payment  thereof  such  person  so  convicted  may,  upon  the  order 
of  the  court  or  Magistrate  before  whom  the  conviction  is  had, 
be  committed  to  the  city  prison  until  such  fine  and  costs  are 
fully  paid:  Pvomded^  that  such  person  so  convicted  may,  by  the 
City  Marshal,  be  required  to  work  at  such  labor  as  his  strength 
will  permit,  within  and  without  such  prison,  not  to  exceed  ten 
hours  each  working  day;  and  for  such  work  the  person  so  em- 
ployed or  worked  shall  be  allowed,  exclusive  of  his  board,  the 
sum  of  fifty  cents  for  each  day’s  work  on  account  of  such  fine 
and  costs. 

862.  § 3.  It  shall  be  unlawful  for  any  person  to  liave  in  his 
possession  or  control,  any  gaming  table,  check,  implement,  instru- 
ment or  device,  set  up  or  used  for  the  purpose  of  gaming,  or  any 
slung  shot,  colt,  knuckles,  implement,  instrument,  composition  or 
device  used  for  the  purposes  of  counterfeiting,  lock-picking, 
pocket-picking,  confidence  game,  or  for  the  commission  of  burg- 
lary or  arson,  or  any  implement  or  device  used  by  cheats  or  swind- 
lers for  unlawful  purposes,  with  intent  to  use,  or  permit  any 
person  to  use  the  same  in  gaming,  counterfeiting,  lock-picking, 
pocket-picking,  practising  the  confidence  game,  house-breaking, 
commission  of  burglarly,  cheating  or  swindling,  or  other  unlaw- 
ful act.  Any  person  so  found  in  possession  of  any  one  of  the 
implements,  instruments,  or  devices  aforementioned,  and  failing 
to  give  a good  and  satisfactory  account  of  his  possession  thereof, 
may  be  arrested  by  the  City  Marshal,  or  any  policeman,  and 
together  with  any  such  implement,  instrument  or  device,  taken 
before  the  Police  Magistrate  or  any  Justice  of  the  Peace  of  the 
city,  whereupon  complaint  shall  be  made  that  such  person  was  so 
found  in  possession  of  such  implement,  instrument  or  device, 
contrary  to  the  provisions  of  this  chapter,  and  a warrant  shall 
issue  against  such  person  for  such  alleged  offense,  and,  upon 
conviction,  he  shall  be  fined  not  less  than  one  hundred  dollars, 
and  it  may  be  made  a part  of  the  judgment  that  such  imple 
merit,  instrument  or  device  shall  be  destroyed  by  the  Marshal  or 
any  policeman  under  the  supervision  of  the  Mayor. 


262 


REVISED  ORDINANCES. 


CHAPTER  LVI. 


WOODEN  BUILDINGS. 


Section. 

1.  Limits. 

2.  What  are  wooden  buildings. 

3.  When  damaged  by  fire,  etc. 

4.  Extent  of  damage— how  determined. 


Section. 

5.  Penalty  for  erecting. 

6.  Removing. 

7.  Wooden  buildings  not  to  be  removed — 

penalty. 


863.  § 1.  No  wooden  building  shall  be  erected  or  placed 
upon  any  lot  or  ground  included  in  either  one  of  the  following 
blocks,  viz:  Blocks  numbered  15,  16,  17,  18,  19,  24,25,  26,  27,  28, 
29,  30,  31,  32  and  33;  and  any  person  who  sliall  violate  this  sec- 
tion shall,  on  conviction,  be  subject  to  a penalty  of  not  less  than 
fifty  nor  more  than  one  hundred  dollars. 

864.  § 2.  The  term  “wooden  building,”  used  in  the  first  sec- 

tion of  this  chapter,  shall  be  understood  to  embrace  and  mean 
all  buildings  or  additions  to  buildings,  tenements,  houses,  out- 
houses, sheds,  stables,  and  structures  of  every  description,  the 
outer  walls  of  which  are  in  whole  or  in  part  constructed  or  built  of 
wood,  whether  the  roofs  of  the  same  shall  rest  upon  the  walls 
thereof,  or  upon  wooden,  iron,  stone  or  brick  uprights,  posts  or 
pillars,  and  that  all  sheds,  or  other  structures,  the  roofs  of  which 
shall  be  supported,  directly  or  indirectly,  by  wooden  posts,  or 
other  fixtures  made  in  whole  or  in  part  of  wood,  be  the  same  in- 
closed or  not,  are  hereby  declared  to  be  within  the  meaning  of 
the  term  “wooden  buildings,”  as  used  in  the  first  section  of  this 
chapter:  Provided.,  that  privies,  designed  and  used  exclusively 

as  such,  do  not  come  within  the  provisions  of  this  chapter. 

865.  § 3.  No  wooden  building,  within  the  limits  prescribed 
in  the  first  section  of  this  chapter,  which  may  be  damaged  here- 
after, by  fire,  decay  or  otherwise,  to  the  extent  of  fifty  per  centum 
of  the  value  thereof,  shall  be  placed,  repaired  or  rebuilt,  nor  shall 
any  such  building,  when  the  damages  are  less  than  fifty  per  cen- 
tum on  its  value,  be  so  re}>aired  as  to  be  raised  higher  than  the 
same  was  in  value  before  the  damages  sliall  have  been  sustained, 
or  so  as  to  occupy  a greater  space  than  before  the  injury  thereto. 

866.  § 4.  The  amount  or  extent  of  damages  that  may  be  done 
to  any  building,  shall  be  determined  by  three  disinterested  per- 
sons residents  of  said  city,  one  of  whom  shall  be  selected  by  the 
owner  or  agent  of  the  building,  the  second  by  the  Mayor  of  the 
city,  and  the  two  thus  chosen  shall  select  a third,  and  the  decis- 
ion of  the  persons  so  appointed  shall  be  in  writing,  and  shall  be 
final  and  conclusive,  and  shall  be  filed  in  the  office  of  the  City 
Clerk. 


REVISED  ORDINANCES. 


263 


867.  § 5.  Every  person  who  may  be  duly  convicted  of  the 
erection  or  placing,  repairing,  rebuilding,  or  attempting  to  repair 
or  rebuild,  any  wooden  building  withiji  the  purview  and  mean- 
ing of  this  chapter,  and  in  violation  of  the  provisions  of  this 
chapter  shall,  within  five  days  after  such  conviction,  cause  such 
wooden  building,  for  the  erection  or  placing  of  which  he  may  be 
convicted  as  aforesaid  to  be  removed;  and  on  failure,  neglect 
or  refusal  so  to  do,  he  shall  be  fined  not  less  than  ten  nor  more 
than  one  hundred  dollars  for  each  day  such  wooden  building  shall 
be  suffered  to  remain  after  the  said  five  days  from  and  after  such 
conviction  as  aforesaid. 

868.  § 6.  When  any  person  shall  be  convicted  as  aforesaid, 
and  such  wooden  building  shall  not  be  removed  within  the  said 
five  days  after  such  conviction,  as  provided  in  the  fifth  section  of 
this  chapter,  it  shall  be  the  duty  of  the  Mayor  to  issue  to  the 
Marshal  of  said  city  a certificate,  under  his  hand  and  the  seal  of 
said  city,  stating  the  fact  and  the  time  of  said  conviction,  and 
designating  the  building  for  which  such  conviction  may  have 
been  had,  and  such  certificate  shall  be  a sufficient  warrant  to  the 
Marshal  of  said  city,  and  it  is  hereby  made  his  duty  to  cause  such 
building  to  be  removed  and  demolished,  and  the  costs  and  ex- 
penses thereof  shall  be  recovered  by  action  of  debt,  in  the  name 
of  said  city,  of  and  from  the  person  or  persons  so  convicted  of 
erecting  the  same  as  aforesaid. 

869.  § 7.  Wooden  buildings  now  within  the  limits  prescribed 
in  this  chapter  shall  not  be  moved  from  their  present  location  to 
any  other  spot  or  place  within  the  prescribed  limits,  without 
subjecting  the  party  so  moving,  or  directing  such  removal,  to  a 
penalty  of  not  less  than  twenty  dollars  in  addition  to  the  other 
remedies  given  by  this  chapter  for  abating  the  same. 


264 


REVISED  ORDINANCES. 


CHAPTER  LYII. 


WOOD  AND  COAL 


Section. 

1.  Wood,  coal,  etc.,  to  be  inspected  and 

weighed. 

2.  City  Inspector  to  keep  frame,  etc.,  for 

measuring  wood. 

3.  Prescribing  kind  of  racks  for  wood 

hauling. 

4.  Wood  and  coal  to  be  sold  on  day  of  cer- 

tificate; penalty. 


Section. 

5.  Changing  weight  of  load  after  certifi- 

cate; penalty. 

6.  Private  contracts  of  wood  and  coal  in 

large  quantities  excepted;  further  ex- 
ceptions. 

7.  Loaded  teams  to  remain  at  wood  yard; 

penalty. 


870.  § 1.  It  shall  not  be  lawful  for  any  person  within  said 
city  to  sell  or  deliver  any  hay,  wood  or  coal,  without  the  same 
being  first  weighed  or  measured  by  the  City  Inspector  at  the 
“City  Wood  and  Coal  Yard.”  The  City  Inspector  shall  there- 
upon give  to  such  person  a certificate  of  the  weight  or  measure 
thereof,  which  certificate  shall  be  delivered  by  the  seller  to  the 
purchaser  at  the  time  of  sale,  and  when  such  hay,  wood  or  coal  is 
paid  for;  and  any  person  selling  and  delivering  any  hay,  wood  or 
coal  (except  as  hereinafter  provided),  without  having  and  so 
delivering  such  certificate  shall  be  subject  to  a penalty  of  not  less 
than  five  dollars. 

871.  § 2.  The  City  Inspector  shall  provide  and  keep  at  the 
city  wood  and  coal  yard  a frame  for  the  purpose  of  measuring 
wood,  which  frame  shall  be  made  of  durable  material,  and  of  such 
size  as  to  hold  exactly  one  cord  of  wood. 

872.  § 3.  Every  person  who  shall  haul  or  be  engaged  in  the 
business  of  selling  wood,  in  this  city,  by  the  cord  or  aliquot  por- 
tions thereof,  shall  use  a rack  with  perpendicular  posts,  so  that 
the  number  of  cubic  feet  in  such  load  can  be  easily  and  correctly 
ascertained  by  the  City  Inspector;  and  if  any  load  of  wood  shall 
be  offered  for  sale  within  the  city  without  such  rack  with  perpen- 
dicular posts  at  the  sides  and  corners  thereof,  the  person  so  offer- 
ing it  shall  be  obliged  by  the  City  Inspector  to  unload  the  wood 
in  the  rack  mentioned  in  the  preceding  section,  and  if  he  fail  so 
to  do,  a certificate  shall  be  refused  him  by  the  City  Inspector. 

873.  § 4.  No  person  shall  sell  any  load  of  coal,  wood  or  hay, 
on  any  other  date  than  the  one  named  in  the  certificate  therefor; 
and  if  for  any  reason  he  has  been  unable  to  sell  such  load  on  the 
day  such  certificate  was  obtained,  he  shall  obtain  a new  certificate 
from  the  City  Inspector,  which  certificate  shall  be  granted  with- 
out extra  charge;  and  any  person  violating  this  section  shall  be 
subject  to  a penalty  of  not  less  than  five  dollars. 

874.  § 5.  No  person  shall,  after  obtaining  any  certificate  as 


265 


REVISED  ORDINANCES. 

herein  provided,  or  any  certificate  of  weight  from  any  sealer  as 
hereinafter  provided,  throw  off  any  portion  of  his  load  and  not 
deliver  the  entire  portion  thereof  to  the  purcliaser;  and  any  per- 
son violating  this  section  shall  be  subject  to  a penalty  of  not  less 
than  ten  dollars. 

875.  § 6.  The  preceding  sections  shall  not  apply  to  sales  of 

wood  in  cpiantities  exceeding  one  cord  to  any  person,  where  the 
same  is  piled  and  measured  at  his  residence  or  place  of  business; 
nor  to  sales  of  hay  and  coal  to  owners  of  private  scales,  nor  to 
sales  of  wood  and  coal  by  fuel  merchants  who  reside  in  the  city 
and  weigh  on  their  own  scales;  nor  shall  this  chapter  apply  to 
cases  where  coal  is  sold  on  contracts  for  future  delivery,  in  quan- 
tities exceeding  one  load,  and  scales  other  than  the  public  scales 
are  expressly  agreed  on  by  the  parties  to  the  contract.  Provided^ 
however,  that  in  all  cases  of  sales  of  coal  to  the  city  it  shall  be 
vveighed  upon  the  city  scales,  and  the  exceptions  in  this  section 
shall  not  apply. 

87C.  § 7.  Teams  loaded  with  wood  or  coal  shall  not  be 

allowed  to  remain  at  rest  waiting  for  examination,  except  at  the 
city  wood  and  coal  yard,  and  any  owner  or  driver  of  any  team 
who  violates  the  provisions  of  this  section  shall  be  subject  to  a 
penalty  of  three  dollars  for  each  offense. 


CHAPTER  LVIII. 


CONSTRUCTION 


Section. 

1.  Force  and  effect  of  a repealing  ordi- 

nance. 

2.  Rishts  and  liabilities  under  ordinance 

after  its  repeal. 

3.  Construction  as  to  number,  gender  and 

person. 

4.  Manner  of  construing  ordinances  which 

conffict. 

5.  Meaning  of  court,  month,  oath,  reason- 

able notice,  &c. 

6.  Power  and  duty  of  Mayor,  Marshal  and 

policemen. 

877.  § 1.  When  any  ordina 

shall  be  repealed  or  modified  by 
nance  or  part  of  ordinance  thus 
tinue  in  force  until  ten  days  afte 
nance  rejiealing  or  modifying  t 


ORDINANCES. 


Section. 

7.  Construction  of  general  terms  and 

phrases. 

8.  Penalty  under  two  sections ; recovery 

under  one  a bar. 

9.  Ordinances  to  be  published  and  re- 

corded. 

10.  Preservation  of  original  ordinances; 

correction  of  clerical  mistakes. 

11.  Effect  of  publication;  when  not  re- 

quired. 

ice,  or  a part  of  any  ordinance, 
a subsequent  ordinance,  the  oi’di- 
repealed  or  modified,  shall  con- 
i’ the  due  publication  of  the  ordi- 
he  same,  when  such  publication 


266 


REVISED  ORDINANCES. 


shall  be  necessary  to  give  elfect  to  such  ordinance,  unless  it  shall 
be  therein  otherwise  expressly  provuded.  No  ordinance,  or  part 
of  any  ordinance,  repealed  by  another  ordinance,  shall  be  revived 
by  the  repeal  of  the  repealing  oi-dinance,  unless  it  shall  be  therein 
so  expressly  provided. 

878.  § 2.  No  line,  forfeiture,  penalty,  right,  action.  Suit, 
debt,  or  other  liability  whatever,  created,  instituted,  incurred  or 
accrued  by  or  under  any  ordinance  prior  to  its  repeal  or  modifica- 
tion, shall  be  released,  discharged,  annulled,  repealed  or  in  any- 
wise affected  by  the  passage  of  such  repealing  or  modifying  ordi- 
nance; but  the  same  may  be  prosecuted,  recovered  or  enjoyed,  or 
any  suit  or  other  proceeding  be  commenced  or  completed  thereon, 
as  fully  and  in  the  same  manner,  in  all  respects,  as  if  such  ordi- 
nance or  part  thereof  had  remained  in  full  force,  unless  it  shall 
be  otherwise  expressly  provided  in  the  ordinance  making  such 
repeal  or  modification. 

879.  § 3.  When,  in  any  ordinance,  words  importing  the 
singular  number  are  used,  in  reference  to  any  person,  or  subject 
matter,  such  words  shall  be  deemed  to  extend  to  and  embrace 
several  persons,  matters  or  subjects;  and  words  used  collectively, 
or  importing  the  plural  number,  shall  be  deemed  to  extend  to  and 
embrace  any  singular  person,  matter  or  subject,  as  well  as  sev- 
eral; and  when  any  person,  or  subject  matter,  shall  be  named, 
referred  to,  or  described  by  words  importing  the  masculine  gen- 
der, or  by  genei’al  terms,  females  as  well  as  males,  shall  be  deemed 
included  in  the  meaning  and  terms  thereof;  and  the  words  ’‘per- 
son” or  “persons,”  or  words  importing  any  person  or  persons,  shall 
be  deemed  to  include  corporations  as  well  as  individuals. 

880.  § 4.  When  the  provisions  of  different  ordinances,  or  of 
the  different  portiojis  of  any  ordinance,  conflict  with  or  contra- 
vene each  other,  the  provisions  and  requirements  of  each  ordi- 
nance or  chajiter,  shall  prevail  as  to  all  subjects,  matters  and 
questions  arising  out  of  or  embraced  within  the  subject-matter 
thei’eof.  But  if  different  or  conflicting  provisions  be  found  in 
different  sections  of  the  same  ordinance,  the  provisions  of  the  sec- 
tion which  is  last  in  numerical  order  shall  prevail,  unless  such 
consti'uction  would  be  repugnant  to  or  inconsistent  wuth  the  mean- 
ing of  such  ordinance  or  chapter. 

881.  ^ 5.  The  w’ord  “ court,”  when  used  in  any  ordinance, 
shall  be  construed  to  mean  any  court  of  competent  jurisdiction, 
whether  Police  Magistrates’  court.  Justice  of  the  Peace,  or  court 
of  record.  The  word  “month,”  when  used  in  any  ordinance,  shall 
be  construed  to  mean  a calendar  month,  and  the  word  “oath” 
shall  be  deemed  to  include  an  affirmation,  and  the  word  ‘‘sworn” 
to  mean  sworn  or  affirmed.  When  in  any  ordinance  any  act 


REVISED  ORDINANCES. 


267 


shall  be  required  to  be  done  within  a “reasonable  time,”  or  upon 
a “reasonable  notice,”  such  reasonable  time,  or  reasonable  notice, 
shall  be  deemed  to  mean  such  time  only  as  may  be  necessary 
in  the  prompt  execution  of  such  duty  or  compliance  with  such 
notice. 

882.  § 6.  When  any  duty  shall  be  required  of,  or  power 
vested  in  the  Mayor,  the  same  shall  be  deemed  to  extend  to  and 
embrace,  and  may  be  exercised  by  the  acting  Mayor  also;  and 
vvlien  any  duty  shall  be  required  of,  or  power  vested  -in  the  City 
Marslial,  the  same  shall  be  deemed  to  extend  to  and  to  embrace, 
and  may  be  exercised  by  policemen,  unless  such  construction 
would  be  contrary  to  the  terms  of  the  ordinance,  or  in  derogation 
of  the  city  charter. 

883.  § 7.  The  rules  of  construction  herein  prescribed  shall 
apply  in  all  cases,  unless  it  shall  be  otherwise  specially  provided 
in  the  ordinance,  or  unless  there  be  something  in  the  subject-mat- 
ter,  or  context  thereof,  repugnant  to  such  construction.  And  all 
general  terms,  provisions,  phrases,  or  expressions,  used  in  any 
ordinance,  shall  be  liberally  construed,  in  order  that  the  true 
meaning  and  intent  of  the  City  Council  may  be  carried  out. 

88d.  § 8.  When  any  fine  or  penalty  shall  be  imposed  by 

different  ordinances,  or  by  different  chapters,  articles,  sections  or 
clauses  of  the  same  ordinance,  for  the  same  offense,  the  officer  or 
person  prosecuting  may  choose  under  which  ordinance,  chapter, 
article  or  section  to  proceed,  and  a recovery  under  the  same 
shall  be  a bar  to  further  proceedings,  under  any  other  provision, 
for  the  same  offense. 

885.  § 9.  AH  ordinances  passed  by  the  City  Council  shall 

be  enrolled  by  the  City  Clerk  in  the  record  book  of  ordinances, 
and  shall  be  properly  indexed  by  their  titles  and  sidqects;  and  he 
shall,  without  delay,  cause  any  ordinance  appropriating  money, 
imposing  any  fine,  penalty  forfeiture,  or  imprisonment  for  a 
violation  of  its  provisions,  to  be  published  once  in  the  newspaper 
authorized  to  publish  the  ordinances  of  the  city,  with  his  cer- 
tificate under  the  corporate  seal  attached,  that  the  same  is  a 
“true  and  authentic  copy  of  the  original  ordinance,  and  that  it 
is  printed  and  published  by  authority  of  the  City  Council.”  He 
shall  note  the  fact  of  publication,  the  time  when,  and  the  news- 
]>aper  in  which  published,  on  the  margin  of  the  record  of  each 
ordinance. 

880.  § 10.  The  City  Clerk  shall  file  and  preserve  the  origi- 

nals of  all  ordinances  in  his  office,  and  he  may  correct  any  errors 
in  the  numbering  of  any  chapter  or  section  of  any  ordinance,  and 
insert  the  projier  numbers;  and  he  may  omit  words  inserted,  or 
supply,  with  brackets,  words  omitted  by  clerical  mistake.  He 


268 


REVISED  ORDINANCES. 


shall  attend  to  the  printing  of  all  ordinances  requiring  publica- 
tion, or  ordered  to  be  published,  and  see  that  they  are  correctly 
and  properly  printed  and  published. 

887.  § 11.  All  ordinances  passed  by  the  City  Council,  and 

by  the  city  charter  requiring  publication,  shall  take  effect  ten 
days  after  the  due  publication  thereof,  unless  it  shall  be  therein 
otherwise  expressly  provided.  All  ordinances  not  so  requiring 
publication  shall  take  effect  and  be  in  force  from  and  after  their 
passage,  unless  it  shall  be  therein  otherwise  expressly  provided. 


CHAPTER  LIX. 

REVISION  OF  ORDINANCES. 

Section.  I Section. 

1.  Style  of  ordinance.  Repeal  no  bar  i 2.  When  take  effect, 
to  suit,  etc.  I 

888.  8 1.  The  foregfoino*  shall  constitute  and  be  denomi- 

o o o 

nated  “The  Revised  Ordinances  of  the  City  of  Galesburg,”  and 
shall  be  published  in  book  form,  properly  arranged  and  divided 
into  chapters,  articles  and  sections,  and  properly  indexed  ; and 
when  so  published,  shall  be  received  in  all  courts  and  places 
without  further  proof.*  All  public  or  general  ordinances,  or 
parts  thereof,  not  included  herein,  are  hereby  repealed  so  far 
as  they  conflict,  or  are  inconsistent  with  the  provisions  hereof, 
so  far  only  as  shall  relate  to  offenses  committed  from  and 
after  the  taking  effect  hereof;  but  no  fine,  forfeiture,  penalty, 
right,  action,  suit,  debt,  or  other  liability  whatsoever,  created,  in- 
stituted, incurred  or  accrued,  by  or  under  the  same,  shall  be 
released,  discharged,  annulled,  repealed  or  in  anywise  affected, 
but  may  be  prosecuted,  recovered  or  enjoyed,  or  any  suit  or 
other  proceeding,  be  commenced  or  completed  thereon,  as  fully 
and  in  the  same  manner  in  all  respects  as  if  such  ordinance  or 
part  thereof  had  remained  in  full  force. 

889.  § 2.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 


Passed  Ai)ril  30,  A.  D.  1883. 

Approved  ^laj"  1,  A.  D.  1883 

Published  b}'  the  authority  and  order  of  the  Cit}'  Council  of  the  City  of 
Galesburg,  Illinois,  Ma}'  2,  A.  D.  1883. 


CERTIFICATE  OF  AUTHENTICATION. 


STATE  OF  ILLINOIS,  j 

City  of  Galesburg,  ) 

I,  W.  A.  Ryan,  City  Clerk  of  said  city,  hereby  certify  that  the 
foregoing  ordinance  is  a true  copy  of  an  Ordinance  in  Revision  of 
the  Ordinances  of  the  City  of  Galesburg,  passed  by  the  City 
Council  of  said  city  at  a meeting  held  on  the  thirtieth  day  of 
April,  A.  D.  1883,  duly  approved  by  the  Mayor  of  said  city,  on 
the  first  day  of  May,  A.  D.  1883,  and  now  in  force,  the  original 
of  which  ordinance  is  on  file  and  duly  recorded  in  the  office  of 
said  City  Clerk  ; and  that  said  ordinance  is  herein  published  by 
authority  of  the  City  Council  of  said  city. 

In  testimony  whereof  I have  hereunto  set  my  hand  and  affixed 
the  seal  of  said  city  this  first  day  of  May,  A.  D.  1883. 
[seal.]  W.  a.  RYAN,  City  Clerk. 


I N D B X 

TO 

ORiaiNAL  Char  nr  KR. 


A 


C 


SECTION.  PACE. 


SECTION. 


Aldermen  (see  City  Council) 
fire  wardens  and  conservators 


of  the  v»eace .8  8 

exempt  from  Jury 8 8 

election,  term  of  office,  reside 

in  ward 3 4 

Census,  of  children 9 40 

Attorney,  duties 10  9 

Assessor,  powers  and  duties ....  14  10 

Assessments,  of  damage  for 

opening  streets 2-7  20,  21 

for  public  im])rovements 2 2:1 

for  removal  of  nuisances 3 24 

lists  to  he  returned  and  filed. 1,  2 24,  25 

for  schools 8 40 

limit  of  for  schools 1 44 

Annexation  of  land  adjoining 

city >24  35 


15 


City  Clerk, term  of  office,  powers 

and  duties 9 

Council,  who  constitute,  organi- 
zation, etc ■•. 1 

meetings 2 

general  powers 3 

may  establish  fire  limits 1 

powers  in  regard  to  fire  depart- 
ment, fires,  etc 2 

l)ower  to  have  lots,  blocks  and 

streets  surveyed 7 

vote,  how  reconsidered  at  spe- 
cial meetings 10 

may  borrow  inoney  for  school 

purposes '. 10 

Cemetery,  lots  exempt  from  at- 
tachment and  execution 11 

Charter,  a public  act 28 

act  of  P>b.  27,  1854,  a jiart  of. 29 
amendments  to: 37 


Board  of  Education,  officers  ot, 

1801  to  1883 

members  of  and  legal  name., 
manage  and  control  ])u 

schools 

powers 

control  money  borrowed 


loaning  funds,  collection 


may  admit  persons 


of 


Board  of  Health, 

tilted 

visiting  the  sick. 


how  consti 


Xlll-XVl 

. 4 

39 

4 

39 

I,  7 
r 

39 

10 

41 

,11 

41 

12 

f 

42 

-18 

42,  43 

;19 

43 

20 

43 

..1 

1 

..3 

2 

24 

35 

..1 

38 

,.l 

30 

2 

30 

30 

r,  5 

31 

,.6 

31 

1> 

Default  in  payment  of  interest 

on  school  loans Ifi 

Division,  of  school  ])ro])erty 2 

of  towns  of  Galesburg  and 

West  Galesburg,  act  for 

amendment  to  above  act 

of  projierty  between  towns  of 
Galesburg  and  West  Gales- 
burg   4 


E 


Election,  tie 8 

when  held — inspectors 1 

officers  chosen  at 1 

conducting,  voting  and  returns. 2 

who  voters — oath 3 

day  changed.  . . 1 

Engineer  or  Surveyor,  duties 
and  powers .* 13 


PAGE. 


8 

11 

12 

12-18 

28 

28-30 

33 

33 

41 


33 

3(1 

3(1 

47 


42 

38 


45 

47 


45 


5 

5 

5 

5 

6 

44 


9 


272 


INDEX 


F 

SECTION.  PAGE. 


Fire  Department,  ordinance 

thereon 28 

Finances,  yearly  statement  to 

be  published 1 31 

Fines  and  Forfeitures,  to  be  paid 

into  treasury 5 32 

how  remitted 9 33 

suits  for,  how  brought 13  34 


o 

Graded  Schools,  act  establishing  38 


o 

SECTION.  PAGEi 

Officers,  of  city,  1857  to  1883 vii-xii. 

vacancies 4-6  4 

removed 5 4 

! qualiflcations 7 i 4 

j oath  of  office 1 7 

I powers  of  Council  over 16  10 

deliver  pajiers  to  successors . . 17  11 

commission 18  11 

Ordinance,  publication,  proof  of 

etc 12,  22  33,  35 

former  not  repealed  by  this 

charter 19  35 

style  of 23  33 

digest  every  five  years 27  36 


I 

Inhabitant,  of  city  competent  as 
judge,  juror,  justice  or  wit- 
ness in  cases  where  city  is 
interested 18  35 


J 

Judgment,  execution  on  rendi- 
tion  16 

prisoner  confined  one  day  for 
each  dollar  of  judgment  and 

costs 16 

for  school  funds  draw  12  per 
cent 17 


F 

License,  proviso  repealed 1 

Lands,  belonging  to  schools  di- 
vided   2 

Loans,  thousand  dollar  limit, 

etc.,  for  scliool  funds 1 

of  school  funds 13-18 


>x 


^layor,  duties 

]K)wers  in  suppressing  riots 


and  executing  laws 3 

may  compel  otticers  to  exhibit 

books,  ])apers,  etc 4 

salary ^ 5 

sign  or  veto  ordinances,  ad- 
minister oaths,  take  ac- 
knowledgments, etc 6 

vacancy  in  office 7 

Marshal,' term  of  office,  how  eli- 
gible, duties  and  powers 12 


Nuisance,  removal  of  by  owner 


of  lot 4 

expense  of  removal 3 


34 

34 


42 


37 

38 
44 


8 

8 

8 

9 


24 

24 


F 


Preface iii-vi 

Powers,  general  of  citv 2 2 

of  Council  over  officers 16  lU 

improvement  of  streets,  etc 1 23 

Phj^sicians  to  report  certain 

' cases  to  Board  of  Health 6 31 

Proi)erty,  public,  destruction  or 

injury  to 17  34 

vested  in  corporation 21  35 


S 

Street  Commissioner,  duties 

and  powers 15  10 

powers  further  defined 3 32 

willful  neglect  of  duties 8 8^1 

Streets,  opening  streets  and 

alleys 1-11  19-22 

improvement  of,  etc 1,  2 21,  37 

Supervisors,  election  of 4 47 

Suits,  how  brought 13  34 

first  process  in 14  34 

Schools,  establishment  of  grad- 
ed, act  for 38 

division  of  property 2 38 

transfer  of  funds 3 38 

who  admitted 21  43 

grounds  and  buildings  may  be 

purchased  on  credit 22  43 

oflticers,  their  election,  etc 11  41 

controlled  by  Board  of  Educa- 
tion   4 39 

scholars  suspended  or  ex- 
pelled  21  43 

T 

Treasurer,  duties 11  9 

Taxation,  general,  and  street 1 19 

Taxes,  warrant  for 4 25 

lien  on  real  and  personal  estate. 3 25 

sales  for 7-9  26,  27 

redemption  from  sales 10  27 

Treasurer,  city,  powers  and,  du- 
ties in  collection  of  taxes . . 5,6  25 


o 


Officers,  of  city,  1857  to  1883 vii-xiii 

general  duties 1 3 


appointment  and  term  of  office.  2 3 


w 


Wards,  boundaries 3 

power  to  create  additional 3 


•2 


INDEX  TO  PRESENT  CHARTER, 


And  Miscellaneous 


Statutes  Relating 


TO  Cities. 


A 

SECTION. 

Aldermen,  number  of 30 

term  of  oftice 31 

vacancy  in  office 32 

qualifications  of 33 

at  first  election — classified. . . .52 

under  minority  plan .54 

how  elected  when  minority^^ 

plan  not  adopted 55 

not  to  hold  other  office 80 

conservators  of  peace 83 

com  pensation  of .85 

Api)ropriation,  annual,  by  ordi- 
nance   8!) 

.\ssessments,s])ecial,  funds  kept 

separate 90 

for  local  improvements llfi 

how  made.. 133 

Appeal,  bond  need  not  be  given 

by  city lU 

Annexing  and  excluding  terri- 
tory, act 


li 

Bond,  officers  to  execute 75 

in  appeal,  need  not  oe  given 

by  city 177 

Bribery  t)f  officers,  etc.,  penalty. 70 

o 

Clerk,  City,  to  notify  persons 

elected,  etc 50 

not  to  hold  other  office 80 

duties  of 81,  82 

may  administer  oaths 87 

to  countersign  warrants  on 

Treasurer !t8 

appointment  of  subordinates  109 
(k)unty  Jail, when  it  may  be  used 

by  city 62 

Constable,  may  serve  city  ])ro- 

cess 70 

Conservators  of  peace,  who  are, 

powers 83 

tdianging  from  city  to  village.. 
Commission,  of  officers. ..... . .76 

Commissioners,in  assessment — 
cases  for  local  imi)rovements 
— api)ointment  of  and  du- 
ties  138,  142 

Contracts,  officers  must  not  be 

inter(‘sted  in 78 

C('nsus,  number  of  inhabitants 
determined  by,  taking  etc.  175 

Charter,  how  adopted 1,  4 

Courts,  take  judicial  notice  of 
adoption  of  charter 6 


PAGE. 

54 

54 

54 

.54 

57 

58 

58 

72 
. 73 

73 


83 

87 

00 

106-110 

71 

99 


.59 

72 

:'3 

74 


80 

65 


o 

SECTION. 

CoriJorate,  name,  powers 10 

rights  retained 12 

Cit}"  Council — how  composed . . 20 
judge  of  election  and  qualifica- 
tion of  its  members 34 

rules,  expulsion,  bribery 35 

quorum — compelling  attend- 
ance  36 

meetings 37 

chairman  pro  tern 38 

open  doors 39 

journal  of  proceedings 40 

yeas  and  nays,  record,  vote  re- 
quired   41 

when  committee  report  laid 

over 43 

territorial  jurisdiction 44 

special  meeting 45 

no  quorum  in  office — election. 60 

general  powers 62 

control  finances  and  property, 
a])propriate  money,  levy 

taxes,  etc 62 

fix  licenses,  etc 62 

borrow  money  and  issue  bonds62 
lay  out  and  imimive  streets, 

jiarks,  etc 62 

regulate  laying  of  sewers,  etc. 62 
regulate  hackmen,  peddlers, 

shows,  games,  etc 62 

jurisdiction  over  waters 71 

suppress  bawdy  houses,  etc.. 62 

make  fire  limit 62 

may  define  duties  of  Comp- 
troller  105 

jmivide  water  supply 169 

what  it  may  jirovide  in  regard 
to  town  and  city  officers . . .286 
may  regulate  number  of  Jus- 
tices   287 

fill  vacancies  in  town  offices. 288 


69 

73 

104 

71 


88,  89 

71 

98 
48,  49 


.50 


Collector,  City,  his  duties KKl 

report  to  Council,  publica- 
tion   101 

not  to  retain  money,  ])enalty.l02 
examination  of  books,  paying 

over  money 103 

further  duties  if  required  by 

Council 107 

appeal  to  finance  committee 
in  adjustment  of  accounts.  108 
appointment  of  subordinates  109 

Comi)troller,  City,  powers  and 


duties 104 

Council  may  define  duties..  .105 
keep  record  of  city  bonds — 106 


TAGE. 

51 

51 

54 

55 
55 

5.5 

55 

55 

55 

55 


.53 

56 

56 

56 

.59 

60-68 


60 

60 

60,  61 

61 

61 

63 

69 

63 

65 

79 

97 

129 

129 

129 

77 

78 
78 


78 


80 

80 

80 


78 

79 
79 


274 


INDEX. 


$ 

13 

SECTION.  PAGE. 

Directors  of  Public  Library 301  134 

term  of  office,  removal 302  135 

vacancies — compensation 303  135 

organization — powers 304  135 

annual  report 306  136 

E 

Election,  for  adoption  of  char- 
ter, notice,  etc 2,  3,  5 49 

of  officers 7 50 

when  County  Judge  to  give 

notice  of.." 8 .50 

record  of  that  adojiting  charter  13  51 

annual,  when  held 48,  1,  1 57,101,103 

of  Mayor 49  57  ■ 

who  entitled  to  vote 50  .57 

place  of  notice .56  59 

manner  of  conducting- .57  .59 

result,  tie 58  .59 

siiecial 60,  61  59 

of  Mayor,  Clerk,  Attorney  and 

Treasurer 1 101 

of  officers  of  town  within  city.^4  129 

time  of  opening  and  closing 

polls 292  131 

Expenditures,  limited  to  yearly 

appropriation — proviso  ...90  75 

Evidence,  records,  ordinances, 

etc. — how  certified 314  138 

E 

Fines,  iiaid  to  Treasurer 67  .68 

Finance,  fiscal  year 88  74 

annual  apimipriation 89  74 

ex})enditures,  limited,  borrow- 
ing money 90  75 

contracting  liabilities  limited. 91  75 

special  assessment  fund  kept 

separate 99  77 

Ferries  and  bridges i04  , 106 

Fund,  ])olice  and  firemen’s  re- 
lief  221-226^1  113-116 

for  library ,304  135 

Firemen's  relief  fund 221-226&  113-116 

0 

earning,  etc 62  63 

M 

Houses  of  ill-fame — licensing, 

etc.,  forbidden .'217  113 

1 

Into.xicating  liquor,Council  may 

license  sale ".62  64 

Incorporation,  under  former 

laws  not  allowed 193  99 

under  general  law 105 

Insurance  company,  foreign  to 

pay  license,  etc'.— penalty.  .110  80 

Improvements,  local,  power  to 

make 116  83 


I 

SECTION.  PAGE. 

Improvements,  ordinance  for.. 117  83 

how  property  taken  for.  .118-130  84-87 

by  general  tax 131  87 

by  special  tax 132  87 

estimate  of  cost 135  87 

order  for  proceeding  in  court . 1.36  88 

petition  to  court 137  88 

appointment  of  Commission- 
ers and  their  duties 138-142  88,  89 

proceedings  in  relation  to  133-168  87-96 

Ill-fame,  houses  of,  'licensing, 

etc.,  forbidden 217  113 

Inhabitants,  of  city,  competent 

as  jurors,  etc 174  98 

J 

Jurisdiction,  of  Justices,  etc 69  69 

of  city  over  waters 71,  1 69,  99 

act  extending 112 

Justices,  Council  may  regulate 

number ^ 287  129 

Jurors’  certificates 295  132 

E 

Licenses,  fixed  by  Council 62  60,  64 

paid  to  Treasurer 67  68 

of  foreign  insurance  com- 
pany...  '.110  80 

Library,  Public,  establishment 

by  city,  tax,  fund 300  134 

directors 301  134 

who  may  use 305  135 

j)enalty  for  in j ury 307  1 36 

donations  to 308  136 

library  association,  etc.,  may 
sell  to  public  library 311  137 

3X 

iMayor,  his  qualifications 14  .52 

vacancy  in  office  of 15,  16,  18  .52 

protein 17  .52 

presiding  officer,  casting  vote. 19  .52 

may  remove  officers 20,  1 .52,  101 

his  powers  to  keep  peace 21  .52 

may  release  iirisoners 22  .53 

general  duties  and  powers. 24-26  53 

messages  to  Council 25  .53 

to  call  out  militia,  riots,  etc.. 26  .53 

misconduct — iienalty 27  53 

may  appoint  revision  commit- 
tee   28  .53 

conservator  of  peace 83  73 

compensation  of 84  73 

may  administer  oaths 87  74 

to  sign  warrants  on  Treasurer. 98  77 

.Minority,  representation .53  .57 

Aldermen  under  plan .54  .58 

Marshal,  City,  appointment — 

duties 73  70 

conservator  of  peace 83  73 

Maps,  approval  of 173  98 

INI  unicipal  year 176  99 

IV 

Notice,  of  election .56  .59 

to  })erson  elected  or  appointed  59  59 

Name,  changing,  act 110-112 


INDEX 


275 


O 

SECTION.  PAGE. 

Orjianization  of  cities— how  city 

may  adopt  charter 1 48 

from  territory  not  included  in 

city  or  town 5 49 

courts  take  notice  of 6 50 

Officers,  term  of  first 9 50 

when  removed  by  Mayor 20  52 

misconduct — penalty 27  53 

enumerated 72,  73  70 

appointment,  duties,  powers. 74  70 

oath,  bond •. 75  71 

commission,  certificate,  de- 
liver hooks,etc.,  to  successor  70  71 

qualifications 77  71 

not  to  be  interested  in  con- 
tracts  78  71 

bribery  of 79  72 

not  to  hold  other  office 80  72 

compensation  of 86  73 

Ordinances,  prior  to  charter,  in 

force  until,  etc 11  51 

revising 28  53 

approval — veto 46  56 

reconsideration — passing  over 

veto 47  56 

style  of 63  68 

publication — when  take  effect. 64  68 

proof  of 65  68 

suits  for  violation 66  68 

record  of  liy  Clerk 82  73 

levying  tax 111,1  81,102 

for  sidewalks, owner's  rights. 134  87 

Oath,  of  office 75  71 


r* 

Prisoners,  may  be  released  by 

Mayor 22  53 

Publication,  of  ordinances 64  68 

of  Treasurer’s  annual  report. 97  77 

of  Collector’s  annual  report.  101  78 

Proof,  of  ordinances 65  68 

Petition, for  taking  inuvate  prop- 
ertv  for  public  improve 

ment 119-120  84 

Police,  relief  fund 221-2266  113-116 

Punishment  of  person  violating 

ordinances 290  130 

Plats,  laying  out  towns 317  140 

certidcate  of  surveyor — ac- 
knowledgment— record . . . .318  140 

dedication  l)y 319  141 

cornerstone 320  141 

penalty  for  selling  without.. 321  141 

vacation  of  all  or  jiart. . .322,  323  141 

of  liighways 325  142 

cancelling  on  record 324  142 

in  iiroceedmgs  in  courts 327  143 

effect  of 328  143 

cost  of 329  143 


rc 

Rights  of  old  corjioratidn  vested 

in  new 12  51 

Itecord  of  result  of  election  at 

which  charter  is  adopted..  .13  51 

Release  of  i)risoners  by  tlie 

.Mayor 22  .>4 


. SECTION.  PAGE. 

Suits,  for  violating  ordinances. 66  68 

how  commenced 68,  289  68,  130 

Sheriff,  may  serve  city  process. 70  69 

Sidewalks,  ordinance  for— prop- 
erty owner’s  rights 134  87 

act  to  {irovide  additional 
means  for  construction. 276-281  125-128 

Streets,  labor  on 1,  296  99,  132 

vacation  of 139 

Salaries  of  city  officers 241  121 

Sewerage,  contract  for 274  224 

how  contract  for  made 275  225 

T 

Treasurer,  not  to  hold  other 

office 80  72 

duties  of 92-97  75-77 

annual  report — publication ...  97  77 

deposit  of  funds 96  76 

Council  may  require  further 

duties  of 107  80 

appeal  to  finance  committee  in 

adjustment  of  accounts 108  80 

may  appoint  subordinates — 

when 109  80 

Territory,  annexing  or  exclud- 
ing— act  in  relation  to 106-110 

in  city  organized  as  town  (see 
township  organization) ..  .282  129 

Tax,  ordinance  levying Ill  81 

manner  of  collecting 112  82 

time  of  paying  over .113  82 

when  levied  for  particular 

purpose 114  82 

uniform 115  82 

rebate 243  122 

reduction,  etc 244  122 

for  sewerage  fund 246  123 

for  w'ater  fund 247  123 

how-  assessed  and  collected ..  249  124 

Tax-i>ayer,  may  enforce  rights 

in  name  of  city 172  98 

Taxation,  act  in  relation  to  rate  133 

Townshi])  organization,  act 129 

Towniii(dty( 283  129 

Towns,  may  become  cities,  how . . 1 101 

V 

Vacancv,  in  office  of  Mayor,  1.5, 

16,  18  52 

in  office  of  Alderman 32  54 

what  filled  by  apiiointment . . .74  70 

in  town  office — how  filled . . . .288  129 

A^ote  in  Council — ayes  and  nays 

required — record,  etc 41  55 

when  rescinded  at  special 

meeting 42  55 

Vacation,  of  streets  and  alleys.  139 

of  all  or  ])art  of  plats . . . .322,  323  141 

w 

Wards,  how'  formed 51  57 

Warrants,  upon  Treasurer  must 
b(‘  signed  and  counhu-signed. .98  77 

when  may  be  draw'ii 293  131 

issued  In  anticipation  of 

taxes 294  132 

Water,  power  to  ])rovide  for 

siipply-T-borrow^  money  etc.  169  97 

property  for  works ' 170  97 

Water  works,  acts  for ‘ 117-121 


I N D B X 


TO 

REVISEL:)  ORDINA-XCES. 


SECTION. 

Abatino;  nuisances 10,  11 

Absence  ol  officers 9 

Accused  officers 11,  14 

Additions  to  city,  ordinance  on... 

Adulteration  of  articles 3,  4 

Aiding  or  abetting  unlawful  acts 
Altering,  certiticate  of  weight.  ..2 
Aliciiiot  parts  of  bushel,  fruits, 

etc.,  to  he  sold  hy 29 

Alarms,  false :10 

Alleys  (see  streets'). 

Aldermen,  salary  of 1 

conservators  of  peace 18 

powers  at  tire -. .5,  8 

Amusement,  on  streets 

places  of— keeping  open 
on  Sunday  prohibltecl. . . 
Animals,  cruelty  to 


herding  or  feeding  on  stree 
Appeal,  to  Council  in  case 
condemned  fire  place,  etc 
Arrests,  at  depot 


with  and  without  warrant, 


Assignation,  "places  oi 
Assessments,  special. 
Assessor,  salary  of.. . 


PAGE.  SECTION.  PAGE. 

2;ll  Attorney,  cit>-,  duties  of ITO,  171 

11)4  to  attend  to  suits  for  city 1 170 

lfi.y,  Ifiti  to  advise  City  Council — exam- 

194  ine  tax  lists 2 170 

217  to  report  cases 3 170 

229  to  collect  executions — appeals.4  170 

217  in  case  of  absence 5 171 

bond  of 4 233 

227  salarjof 1 247 

227  Auction  store,  defined,  license. .0,  30  208,214 
Auctioneer,  defined,  license.. 6,  30  208,  214 
247  Auction  sales,  upon  parks  pro- 

18.5  hi  hi  ted 1 236 

187,  188  Awnings,  construction  of 1 2.52 


h, 


o 

224 

insecure  or  dangerous — nui- 

..3 

238 

sances 

3 

2.52 

o 

2>8 

removal  of 

...3 

252 

..1 

195 

o 

195 

IS 

..3 

195 

..4 

195 

Badges,  of  fire  officers 

..11 

189 

. .5 

195 

of  runners  and  porters 

O 

240 

..6 

19)5 

Bawdy  houses i:3,  14,  16 

225 

. . i 

196 

Bells,  on  cattle  prohibited 

..16 

198 

..8 

196 

ringing  of 

...1 

247 

10 

196 

Beggars  (see  vagrants). 

Billiard  tables,  keepers  of. 

li- 

.11 

197 

cense  for 

..:30 

214 

.12 

197 

Birds,  killing  prohibited 

...4 

216 

112 

197 

robbing  nests  prohibited. . . 

. .4 

216 

13 

198 

sale  of  unwholesome 

..26 

227 

15 

198 

Bill-posting 

o 

259 

16 

li»8 

Board  of  Education,  rules  of. 

144-1.52 

26 

227 

mav  give  control  of  grounds  to 

.13 

257 

Park  Commissioners 

. . .4 

•234 

f 

Park  Commissioners  to  report 

.10 

189 

to 

• -235 

..6 

240 

Boundaries  of  wards 

161 

0 

261 

Books,  for  registry  of  deaths . 

...1 

•2)2 

,9 

18:3 

of  Clerk — how  kept 

.6-8 

168,  169 

of  Treasurer — how  kept. . . 

.1,3 

171 

.8 

18:3 

of  Public  Library 

2 3 

193,  194 

..9 

183 

indecent  or  obscene 

..17 

•225 

16 

225 

Bowling  alleys,  keepers,  licen 

se 

..1 

2.5:3 

for 

..:30 

214 

.1 

247 

Bovs,  misconduct  bv 

...1 

•216 

0 

232 

sundry  sports  prohibited. . . 

...1 

•216 

19 

226 

Bicycles,  on  sidewalk  prohihited.2 

•216 

, 9 

222,  223 

Board  of  Health,  to  examine  for 

3, 

adulteration 

•218 

249,  250 

authority  of  for  inspection . 

..28 

•227 

INDEX 


277 


SECTION. 

PAGE. 

Board  of  Health,ho\v  constituted.  1 

189 

to  order  nuisances  abated. . . . 

,.7 

190 

to  prevent  spread  of  small  pox  10 

191 

to  provide  pest  house 

14 

192 

to  be  convened  by  Mayor— 

when 

15 

192 

ajipeal  to 

16 

193 

report  of 

18 

193 

Bonfires 

.6 

221 

Bonds,  official 

233 

who  shall  give 

.1 

233 

condition  of 

.2 

233 

city  officer  not  to  be  surety . . . 

.3 

233 

amounts  of  bonds 

.4 

233 

dram  shop 

.2 

204 

of  defaulting  officer 

.2 

251 

to  be  approved  by  Council — 

.4 

163 

new  bonds 

.4 

163 

Bridges  (see  streets). 

Butchers,  to  cleanse  slaughter 

houses 

27 

227 

to  allow'  Board  of  Health  to 

inspect  meats,  etc 

28 

227 

Butter,  adulteration  of 

.4 

217 

Bull,  indecent  exhibition  of . . . . 

12 

225 

Burglars'  tools,  in  possession  of 

.1 

223 

Buildings(see  w'ooden  buildings) 

to  have  fire  escapes 

.1 

241 

doors  of  to  swing  outward. . . . 

.2 

242 

fire  extinguishers  in  jiublic.. . 

.3 

2-12 

complaint  of  unsafe 

19 

245 

public,  defacing 

.6 

224 

when  a nuisance .5. 

, t> 

230 

destruction  of  in  case  of  fire.. 

.8 

188 

remoA'al 

1 

254 

Burial  permits — issuance  of 

3 

168 

required  before  burial 

5 

203 

Business  houses,  closed  on  Hun- 

flay ;...., 

1 

257 

O 

Cars,  train  of,  getting  u]K)n 


w'hile  in  motion 

....20 

226 

obstructions  of  streets  by, 

1 

246 

Cannon,  use  of 

6 

221 

Cattle,  liens,  etc.,  when  a 

nui- 

sauce  

7 

231 

not  to  wear  bells 

198 

running  at  large 

8 

196 

Calaboose  (see  prison) 

....14 

. 185 

Cemeteries,  ordinance  on... 

199-202 

Linwoo  a (lublic  (see 

Lin- 

wood  Cemetery) 

1 

199 

establishment  of  new 

....  14 

202 

iniuring  iiroperty  in 

....12 

201 

behavior  on  grounds 

201 

private  lots  in 

....12 

201 

driving  vehicles  in 

....12 

201 

dressing  stone  on  grounds  of. 12 

201 

iilucking  flowers  in 

....12 

201 

gambling  or  lewd  in  actices  in.  12 

201 

rules  to  be  printed 

. ...  12 

201 

rules  not  to  interfere  with 

iiri- 

vate  owners 

. ...  12 

201 

permits  to  he  iirocured  for  luir- 

ial  in 

....13 

201 

manner  of  making  graves 

in,  10 

201 

opening  of  graves  in 

...11 

201 

o 

SECTION.  PAGE. 

Cess-pools — contents  not  to  be 

run  into  street 25  22li 

when  a nuisance 25  22(i 

Cedar  Fork,  obstruction  of 35  228 

Certificates,  false  by  officers 3 232 

of  Inspector 1 2fi4 

Cellars,  etc.,  leaving  open 2 2.54 

Cheats  and  swindlers 217 

Chimneys,  burning  out 8 222 

inspection  of,  § !),  p.  188  and. 18  245 

Charg(*s  against  officers 11-14  lfi5,  Ififi 

Chance,  sales  by 3fi  228 

Chief  Engineer  to  cause  inspec- 
tion of  chimneys 18  245 

salary  of 1 248 

to  detail  firemen  for  entertain- 
ments   4 242 

duties  and  powers 2,  .5-8  18H-188 

Circus  or  menagerie,  license  for.30  214 

Clerk  of  city,  to  provide  ballot 

boxes,  etc 1 168 

to  notify  Mayor  of  election  re- 
turns  2 168 

to  keej)  blanks  for  physicians 

and  record  certificates  of  death . 3 168 

to  attest  and  keej)  registry  of 

licenses .4  168 

to  issue  notices 5 168 

to  draw  warrants 6 168 

to  keep  accounts  with  officers. 7 16!) 

to  kee])  account  of  revenue..  ..8  16!) 

to  give  notice  to  abate  nui- 
sance   10  231 

bond  of 4 233 

to  be  Clerk  of  Fire  Commis- 
sioners  12  243 

salary  of 1 247 

to  enroll  and  publish  ordi- 
nances  !)  267 

to  post  notice  of  estrays 11  1!)7 

Council,  City,  rules  and  order  of 

business  of 1.53-1.57 

meetings  of 1 167 

com])ensation  of  members 2 167 

to  fill  vacancies 14  166 

trial  of  charges  by 11-14  166 

removal  of  officers  by 16  166 

Contagious  diseases 13,33  192,  228 

Coal  (see  wood  and  coal). 

Confidence  game 3 261 

Congregations,  disturbing 1!)  226 

Commissioner  of  Health,  bond 

of 4 233 

salary  of 1 248 

general  powers  and  duties 189-193 

authority  over  night  scaven- 
gers  26,27  212,213 

Combustible  material 7,8  222 

Corporations,  when  included  in 

ordinances 3 266 

Committee,  finance,  to  examine 

hooks,  etc 3 251 

prescribe  manner  of  keei>ing 

accounts '..3  251 

to  prefer  charges 11  165 

Conllicting  jirovisions  in  ordi- 
nances   1 266 

Contractor,  olistruction  of 

streets  bv 1 2.54 


2?8 


INDEX. 


c 

SECTION.  PAGE. 

Contractor,  liability  of  for  dam- 
ages  5 25.5 

Corner  stone,  removal  of 11  257 

Cost  of  keeping  jirisoners 17  185 

Costs  when  not  collectible 1 248 

Court,  meaning  of  in  ordinances. 5 25H 

Cows,  wlien  allowed  to  run  at 

large 8 1% 

Commmissioners,  Park,  jiowers 

and  duties 234,  235 

lire 11-1‘J  243-246 

Crowds  on  corners,at  post  otlice, 

etc 9 224 

Crossing,  railroad 1 246 

Custody,  escape  from 1 232 

Damage,  by  obstructing  streets . . 2 2.54 

otticers,  when  liable  to  city  for. 10  164 

Deaths,  ordinancf*  on 202 

Clerk  to  provide  lilanks 1 202 

registry  of 2 202 

physicians,  etc.,  to  presentcer- 

tili cates  of ! 3 202 

to  be  re])orted  \\  lien  no  phvsi- 

cian ‘....4  202 

permits  for  burial 5 203 

Dead,  burial  of,  permit  required. 5 203 

animals  in  street.. 14,  15  198 

Destruction  of  gaming  imple- 
ments  § 7,  1).  22  and  3 261 

Depot,  imlice  to  preserve  order  at  6 240 

Defaulting  otticers,  jiroceedings 

against 1,2  2.51 

Disturbances  by  boys 1 216 

Disturbing  public  peace 1,  2 238 

Disorderly  houses 13,  1.5,  16  225 

Dogs,  ordinance  on Ill 

trespassing  may  be  killed 1 203 

when  not  allowed  at  large 2 203 

Dog-tighting 4 239 

Doors,  of  public  halls,  to  swing 

outward 2 242 

Dockets,  Justices 1 215 

Dramshojis,  ordinance  on 204 

license  for  keeping 1 204 

apjilication — bond— rate  of  li- 
cense.  2 204 

license  for,  not  transferable. . .3  205 

sale  of  liquor  in  one  room  only.  3 205 

kee])ers  of  selling  to  minors, 

etc 4 205 

keepers  of  giving  away  1 iquors . 5 205 

keeping  open  on  Sunday,  etc.. 6 205 

g;ames  in  prohibited 7 205 

obstructing  view  into 8 205 

accessible  to  police 8 206 

prosecutions — evidence 9 206 

revocation  of  license 10  206 

Druggists,  license 2,  30  208,  214 

to  keep  record  of  sales  of  poi- 
sons   34  228 

Draymen,  defined,  device,  char- 
ges, license 8,  12, 14,  30  208,  214 

may  not  refuse  to  carry  goods . 1 5 209 

Drunkenness,  penalty  for  public. 1 218 

Drains,  changing  channel  of..  .35  228 

private— permission  to  con- 
struct   1 239 


1> 

SECTION, 

Drains,  submission  of  plans  for . .2 

conditions  of  permit 3 

Driving,  fast 2 


PAGE. 

239 

239 

195 


E 

Elections,  general,  dram  sho]is 

to  be  closed 6 2(>5 

returns 2 168 

Plngineerand  Surveyor,  city,  du- 
ties of 172,  173 

to  make  jilans  for  public  works. 1 172 

to  inspect  materials 2 172 

to  make  surveys  of  grades,  etc. 3 172 

to  keeji  record  of  surveys,  etc . . 4 172 

to  mark  grade  for  structure,  etc. 5 172 

to  keep  tield  notes 6 173 

to  erect  monuments 7 173 

bond  of 4 233 

salary  of 1 248 

Engine,  locomotive, getting  iqion 

while  in  motion 20  226 

Engineers  of  fire  department,2,5-ll  186,  189 

Estrays,  Clerk  to  post 11  197 

Jiroceedings  against — sale  of.  12  197 

Evidence,  in  jirosecutions  under 

dram  shoji  ordinance 9 206 

Exits,  in  jiublic  building 6,7  242,  243 

Excavations  in  streets  4-6  255 

F 

False,  alarm  of  fire 30  227 

representation  of  officer 1 237 

Fares  of  hackmen  and  draimien, 

jirinted  lists  of ! . . 13,  14  209 

Fees  (see  salaries  and  fees). 

for  imjiounding  animals 13  198 

of  Sealer  of  Weights  and  Mea- 
sures  r 6 178 

of  Inspector  of  Wood  and  Coal.2  175 

of  Inspector  of  Mineral  Oils. .3  179 

of  Sexton 9 200 

of  Poundmaster 13  198 

Females  in  male  attire 14  225 

Fences,  injury  to 3 224 

F'ence  or  other  obstruction  in 

streets 7 2.55 

Fire,  on  sidewalks  and  ojien 

grounds 9 222 

careless  use  of 9 222 

false  alarm  of 30  227 

apparatus,  private  use  of... 6,  31  187,  227 

ajijiaratus,  injury  to 32  228 

P'ire  department,  ordinance  on.  ..  186-189 

officers  and  members  of — com- 

jiensation 1 186 

Chief  Engineer — jiowers  and 

duties 2,5,6,7-11  186-188 

obstructing  members  on  duty. 3 187 

injuring  property  of ..3  187 

power  to  inspect 9,  10  188 

Firemen,  neglect  or  misconduct 

of 4 187 

obstructing  on  duty 3,30  187,  227 

in  public  halls 4 242 

Fire  wardens,  Mayor,Aldermen, 

Chief  Engineer. ! 9 188 

Jiowers,  duties 9,  10  188 


INDEX. 


279 


IT 

SECTION.  PAGE. 

Fire  arms,  selling  to  minors. . . .1  218 

minors  fomid  in  possession  of .4  21!) 

use  of  in  city (i  221 

Fire  works,  setting  off  in  city, 

permission 2,  (5  218,  222 

minors  in  possession  of 4 219 

Fire  escapes,  buildings  to  be 

supplied  with 1 241 

Fire  extinguishers  in  public 

buildings .' 3 242 

Fire  Commissioners,  Board  of.  11  243 

City  Clerk,  clerk  of 12  243 


City  Marshal  to  execute  orders  13 

244 

quorum  of 

...  14 

244 

powers  and  duties 

14-19 

214-24(5 

Fire  limits 

....1 

2G2 

Fish,  sale  of  unwholesome.  . 

. . . 2(5 

inspection  of  by  Board 

of 

Health 

. ..28 

227 

Fines  to  be  ajiportioned  accord- 

ing  to  offense 

229 

fixing  amount  of 

. . . 39 

00(1 

Fhscal  year 

....(5 

252 

Fowl,  sale  of  unwholesome. 

. . . 2(5 

227 

inspection  of  by  Board 

of 

Health 

...  28 

227 

Form,  of  official  bond 

. . ..4 

1(53 

of  recognizance 

. . ..9 

183 

F'raud  (see  cheats) 

217 

Fruits  to  be  sold  by  Imshel 

or 

aliquot  parts 

. ..29 

007 

Games,  of  boys 1 21(5 

collecting  crowds  by — fidglit- 

ening  horses,  etc 2 2)14 

in  dram  shops 7 20.7 

on  Sunday 2 258 

Gaming, keeping  instruments  fori  219 

kee[)ing  room  for 2 219 

engaging  in 3 219 

police  to  give  notice  of,  and 

arrest  for 4 219 

having  in  ])ossession  imi)h‘- 

ments 5 220 

inmates  of  houses (5  220 

destruction  of  instruments 7 220 

forcible  entry  of  premises 4 220 

Gamblers,  when  vagrants 3 2(51 

implements  of 3 1.58 

Gas  and  telegrajih,  injuring 

lani])s,  posts,  win*s,  etc 1 220 

Garbage,  collection  of,  regula- 
tions for !M9,  250 

Galleries,  in  public  halls 7 2-12 

Gift  enterprise 3(5  228 

Graves,  depth  of  graves,  etc, 10  201 

o])ening  of 11  201 

(Jrocc'rs  to  allow  Board  of  Health 

to  inspect  articles 28  227 

Gun,  rubber,  use  of  proliibited  . .3  21(5 

Gunjiowder,  license  for  kec’ping.  1 221 

amount  of  license '30 


■of 

1,2 

22\ 

conc.eah*d 

. . . 3 

00 1 

of 

. ..4 

221 

* of  (in*. . . 

00 1 

r 

221 

II 

SECTION.  PAGE. 

Ilackmen,  defined,  license.  ..7,  30  208  , 214 

charges  of 13  209 

shall  carry  passengers,  etc., 

wlien  requested 15  209 

device  of 12  209 

Hawker,  defined,  license  of.. 9,  30  208,  214 

Hay  (see  wood  and  coal) 

stacking  in  exposed  jilaces 8 222 

Halls,  })ublic,  doors  of  to  swing 

outward 2 242 

fire  extinguishers  in 3 242 

firemen  in 4 )142 

stairways  and  exits  in .5 — 7 242,  243 

fire  esca])es  on  buildings 1 241 

Health,  Board  of,  members  of.  ..1  189 

th)mmissioner  of,  appointment  2 189 

Mayor,  ex-officio  ])resident  of. 3 189 

Gouncil  to  j)rescribe  duties  of. 4 189 

power-s  and  duties  of  Com 

missioners  of.- .5-9,  11-12  189,  192 

board  of  may  comiiel  vaccin- 

nation  . . . 10  191 

board  of  to  provide  jiest  house.  14  192 

Mayor  may  suspend  action  of 

Commissioner 15,  1(5  192 

ap])eal  to  Board  of 1(5  193 

expenditures  of  Board  of 17  193 

Commissioner  to  report  to 

Ch)uncil 18  193 

Hedges,  obstructing  sidewalk. . . .3  2.59 

trimming  of — owner's  duty 3 2.59 

Holidays,  fireworks,  etc.,  oii..  2,  (5  219,  222 

Houses  of  ill-fame 13, 15,  1(5  225 

Horses  to  be  tied 23  22(5 

Hose,  fire,  injury  to 21  22(5 

Hotels,  stairwaj-s  in 8 243 

lodging  room  to  be  sui)plied 

with  roi)e 9 213 

watchmen  in 10  243 

I 

Ice,  deahu’s  in,  license*  for 30  214 

Idlers  as  vagrants,  §11,  ]).22.5  and  2(50 

Hl-fame,houses  of,  maintaining, 

inmates  of 7 13  225 

a nuisance 15  225 

inmates  of  defined 1(5  225 

Immorality  (see  lewdness). 

Impounding,  and  sale  of  ani- 
mals..."  9-12  19(5-198 

maliciously 7 19(5 

Insi)ector,  City,  duties  of 17.5,  17(5 

to  have  charge  of  wood  and 

coalyard... 1 175 

shall  attend  to  nu'asuring  and 

weighing 2 175 

to  kee])  account  and  report  to 

Council 3 175 

shall  give  certificates 4 175 

shall  test  his  scah*s 5 175 

disqualifications  of (5  17(5 

bond  of 4 234 

salary  and  fees  of 1 248 

Inspector,  of  mim*ral  oil,  bond, 

duties,  (*tc 179 

Injury  to  prop(*rty 3 221 

Indec<*nt,  (*xhibition  of  animals.  12  225 

exposure  of  person 14  225 


280 


I^TD  EX. 


X 


T. 


SECTION. 

Indecent  exhibitions,  hooks,  pic- 


tures, plays IT 

lansua,"e 18 

Infectious  diseases 13,  33 

Indecency  (see  lewdness). 
Intoxicating  liquors  (see  dram 
shops). 

supplying  to  prisoners 2 

supplying  to  minors 3 

Intoxication,  public 1 


J 


Jack,  indecent  exhibition  of 12 

Junk  dealers,  defined 18 


license  and  conditions— bond. 20 
record  of  purchases-how  keiit  21 
exhibition  of  hooks  to  otticers.22 
to  notify  police  of  suspected 

persons  and  property 23 

purchases  from  minors,  etc., 

prohibited 24 

ordinance  not  to  apply  to 

foundries,  etc 24 

amount  of  license  of 30 

Justices  of  the  Peace,  to  keej) 

docket  of  cases 1 

to  make  reports  to  Council  — 2 

to  pay  fines  into  treasury 3 

fees  of 1 

Judges  and  clerks  of  election — 

compensation J 

Jurisdiction — courts 5 

in  estray  cases 13 


li: 


Keeper  of  jirison 2 

of  animal  liable  as  owner 8 

L 

Lamp  posts,  injury  to 1 

Lewd,  behavior 14,  17,  18 

dress — wearing 14 

books,  pictures,  etc IT 

exhibitions IT 

or  filthy  acts 18 

obscene  or  abusive  language.  18 

Library,  Public,  established 1 

directors  to  provide  rooms 2 

defacing  books 3 

directors  to  make  rules 4 

Linwood  cemetery,  ordinance  on 

a public  cemetery 1 

approval  of  sales  in 2 

price  of  lots  in .3 

Clerk  to  recei\  e payment  and 

keep  accounts 3,4 

lots  reserved  for  jioor  and 

strangers 5 

sexton,  duties fi,  T 

where  graves  may  he  dug  and 

by  \\  liom 8 

compensation  of  sexton 9 


Licenses,  general,  ordinance  on . . 

dram  shop 

trades  and  business  requiring.! 
entertainments  when  exempt.  1 
to  druggists — what  authorized. 2 


PAGE. 


192, 


22.5 

226 

228 


218 

238 

218 


225 

210 

210 

210 

211 


211 

211 

212 

214 


215 

215 

216 
248 


;248 

266 

198 


232 

196 


220 
225,  226 
225 
225 

225 

226 
226. 
193 

193 

194 
194 

199,  200 
199 
199 
199 

199 

199 
2(K) 

200 
200 
20T 
204 

207 

208 
208 


SECTION. 

Licenses,  doing  business  with- 
out— liability  of  agents 3 

to  firms 11 

time  for  which  ma}'  be  granted  29 

charges  for ” 30 

not  to  be  granted  to  immoral 

person . ! 31 

Clerk  to  keep  registry  of 32 

transferable  and  assignable.  .32 
subject  to  ordinances — revo- 
cation of 32 

Mayor  to  decide  applications.  .2 
revocation  of,  § 10,  p.  206  and  32 
Liquors,  supplying  prisoners 

with  intoxicating 2 

selling  intoxicating  without 

license  1 

Lots  and  blocks,  subdivision  of.l 
Lodging  rooms 8,  9,  10 


3X 

Mayor  to  enforce  laws  and  ordi- 
nances, and  supervise  other 

officers 1 

salary  of 1 

to  decide  applications  for  li- 
censes   2 

to  appoint  officers 3 

empowered  to  offer  reward  for 

criminals 4 

bond  of  ....  ^ 4 

police  under  supervision  of..  .4 
shall  issue  warrants  for  wit- 
nesses  12 

conservator  of  peace 18 

Magistrates,  duty  of  to  commit 

prisoners  19 

police — number  of 1 

fees  of 1 

to  pay  over  moneys  received.. 3 

Magazine  for  gunpowder 1 

Minors,  found  in  possession  of 

fireworks,  pistols,  etc 4 

in  dram  shops  and  i>laces  of 

amusement 3 

supplying  liquor  to 3 

keepers  of  dram  shops  giving 

liquor  to 4 

Maps  and  plats 1 

Male  and  female,  in  ordinance.  .3 

Males  in  female  attire 14 

Marshal,  City,  bond  of 4 

to  attend  trains 6 

to  execute  orders  of  Fire  Com- 
missioners  13 

salary  and  fees  of 1 

chief  of  police 5 

to  keep  account  of  police  ser- 
vice   5 

to  make  reports  to  Council 5 

duty  to  jirisoners 2 

to  receive  prisoners — keep  reg- 
istry of 16 

custodian  of  jiroperty 6 

fees  tor  can*  of  prisoners IT 

general  duties 5 

^lenagerie  and  circus 30 

Meat,  sale  of  unwholesome 26 


PAGE. 


208 

209 

213 

214 


215 

215 

215 

215 

167 

215 

218 

204 

194 

•213 


166 

217 

167 

167 

167 

233 

181 

165 

185 

185 

‘239 

•248 

•216 

221 

219 


•238 

2:18 

205 

194 

•266 

225 

233 

•210 

•214 

248 

182 

182 

182 

‘232 

185 

182 

185 

182 

214 

227 


INDEX. 


281 


3X 


SECTION. 

PAGE. 

Meat,  inspection  of  by  Board  of 

Health 

. ...  28 

‘227 

Merchandise,  selling  on  streets 

or  sidewalks 

. ...  22 

2‘26 

Misdemeanors,  general 

ordi- 

nance  on 

‘216 

Minstrels,  license  for 

..  ..80 

‘211 

Missiles,  throwing 

r» 

224 

Milkmen  to  allow  Board 

of 

Health  to  inspect  milk. 

....28 

227 

Milk,  sale  of  unwholesome. 

. ...  26 

227 

inspection  of  by  Board 

of 

Health 

...28 

227 

Mineral  oils,  ordinance  on. 

179 

Mischief  by  bovs 

1 

216 

Money,  collected  by  officers 

6 

164 

Neglect  of  duty  by  prison  keeper . 2 

‘282 

Notice  to  owners  of  animals — 

for  sale 

....12 

197 

Nuisances,  general 

229-281 

abatement  of  by  owner. . . 

..1,8 

229,  230 

nuisances  defined 

..1-8 

2*29-281 

not  specifically  mentioned — 

reference  to  committee.. 

9 

281 

proceedings  to  abate 

10,  11 

‘231 

o 

Obstructing  officers 

....2 

287' 

firemen 

....8 

187 

Cedar  Fork,  etc 

228 

streets  and  sidewalks 

254-257 

drain  or  sewer 

. . . . 85 

228 

Obscenity  (see  lewdness). 

Obscene  language 

....18 

226 

Officers,  ordinance  on 

1()2-166 

names  of 

1 

162 

duration  of  term  of 

2 

168 

of  town 

8 

168 

bonds  of 4 168 

commissions  of 5 168 

to  pay  over  money  collected. . .6  164 

salaries  of,  how  payable 7 164 

books  open  to  inspection 8 164 

temporary  absence  of 9 . 164 

liability  of,  for  neglect  or  mal- 
feasance  10  164 

proceedings  against 11-18  165,  166 

suspension — removal 14-16  166 

false  certificates  by 8 28*2 

personating 1 ‘287 

obstructing  or  resisting 2 287 

refusing  to  assist 2 287 

defaulting  proceedings  against  1,2  251 

reports  of 4 251 

settlement  with 5 ‘251 

Officers  of  fire  de])artment 1 186 

Official  bonds 1 ‘288 

Oil  (see  mineral  oils). 

Order  of  business,  of  City  Coun- 
cil  158-157 

of  Board  of  Education 144,  145 

Orders  of  officers, obeying,  §5,  p, 

187,  and 2 287 

Ordinances,  construction  of ‘265 

force  and  effect  of  rej)ealing. . . 1 265 


I SECTION  PAGE. 

i Ordinances,  rights  and  liability 

I afterr  epeal  of 2 2‘26 

construction  as  to  gender, 

number,  person 8 ‘266 

conflicting  provisions,  how 

taken 4 266 

j construction  of  words  in 5 ‘266 

construction  of  powers  vested 

hy ! 6 267 

rules  of  construction — when 

I api>lied 7 ‘267 

I recovery  a har  to  further  pro- 

' ceedintrs 8 267 

enrollment  of — puhlication . . .9  267 

]H’eservation  of  original 10  267 

i when  take  effect. . . ( 11  268 

revised,  how  published,  repeal 

of  conflicting 1 ‘268 

revised 1 268 

what  constitute  revised 1 268 

Overcharges  by  officers 8 249 

Owners,  of  animals  at  large S 196 

of  lots  in  cemetery 5 199 

F 

Pawnbrokers  defined 17  210 

application  for  license 20  210 

bond 20  210 

shall  keep  record  of  property 

purchased  or  pawned ‘21  210 

I record,  etc.,  open  to  official  iii- 

I sped  ion ‘22  ‘211 

j to  notify  police  of  suspicious 

I property,  etc 28  211 

I shall  not  take  property  from 

i minors,  etc .* ‘24  211 

I amount  of  license 80  214 

Parks,  injuring  trees  and  grass  in. 6 ‘224 

auction  sales  upon  pronibited.  1 ‘286 

to  be  crossed  at  usual  (ilaces . . 1 286 

what  forbidden  in 2 286 

arrests  in 8 286 

open  to  public 5 286 

Paupers, poormaster  to'  have  sole 

care  of,  etc 1,2  18u 

Park  Commissioners,  ])owers 

and  duties ‘284,  285 

Pest  house.  Board  of  Health  to 

provide 14  192 

paupers  to  be  removed  to 9 191 

I Peddlers,  defined,  license.  ..  10,  80  209,  214 
annoyance  by,  obstructing 

sidewalks,  etc ^ 87  229 

Penalties,  how  apportioned 89  2‘29 

different 8 ‘267 


Peel,  orange,  etc.,  thrown  on 

sidewalk 8 224 

O ^Tf*  O VI  1 0*4*^^ 


Personating  an  officer 

.1 

287 

Peace  and  order 

238 

disturbing  by  loitering  about 

doors,  etc 

1 

288 

by  figliting,  disorderly  con- 

duct,  etc 

2 

288 

disturbances  in  jilaces  of 

amusement 

288 

encouraging  flogs  tf>  fight 

‘288 

Performances  retiuiring  license 

.1 

‘207 

Pbvsician,  City,  duties  of 

17() 

282 


INDEX. 


/ 


F* 

SECTION.  PAGE. 

Physician, City,  to  attend  paupers  1 176 

to  furnish  medicines,  etc 2 176 

bond  of 4 233 

to  report  deaths 3 2<)2 

to  report  infectious  diseases.. 13  192 

in  case  of  pauper 3 180 

Physicians,  to  report  infectious 

diseases 13  192 

in  case  of  paupers — compensa- 
tion  3 180 

Pistols,  toy,  sale  of  prohibited . . 3 219 

minors  in  possession  of 4 219 

Pickpockets  as  vagrants 260 

Pictures,  indecent. 17  225 

Plats  of  additions  or  subdivis- 
ions of  lots — scale  of 1 194 

must  conform  to  streets,  etc. . . 1 194 

to  be  submitted  to  Council 1 194 

to  leave  copy  of  with  city 2 194 

Pound  master,  bond,  duties,  etc..  179 

duties  in  impounding  animals  9,13  196-198 

fees 13  198 

Poormaster,  duties  of 180 

to  have  sole  care  of  paupers. . . 1 180 

powers  of  to  create  expense . . .2  180 

to  notify  City  Physician 3 180 

salary  of 1 248 

Police  department,  ordinance  on.  181-186 

how  constituted 1 181 

Police,  appointment  and  remo- 
val of 2 181 

appointment  of  special 3 181 

mayor  to  have  supervision  of. 4 181 

Marshal,  chief  of — duties 5 182 

property — Marshal  custodian. . 6 182 

special  for  corporations,  etc. . . 7 182 

powers  of — for  arrests 8 183 

may  take  recognizance,  when. 9 183 

rules  and  regulations  for 10  184 

violations  of  ordinance  and 

rules  by 11  184 

may  call  on  citizens  to  assist.  12  ’ 184 

conservators  of  peace — war- 
rants   18  185 

to  give  information  and  arrest 

for  gaming 4 219 

salary  of 1 248 

to  attend  at  depot 6 240 

to  enforce  chapter  on  fire  arms. 5 219 

Police  Magistrate,  may  release 

on  recognizance. . 13  184 

to  commit  prisoners 19  185 

number  of 1 239 

fees  of 1 248- 

Post  office,  lounging  about 9 224 

Poisons,  regulations  for  sale  of. 34  228 

Porters  and  runners,  general 

regulations. 240 

one  for  each  house  or  vehicle . 1 240 

to  wear  badge 2 240 

to  solicit  passengers  only  on 

grounds  provided .* 3 240 

to  keep  list  of  fares  posted. . . .4  240 

Posse  comitatas 12  184 

Pound  (see  animals). 

Powder  (see  gun])owder). 

Prison,  city,  location  of 14  185 

keeper  of 15  185 

imprisonment  in 16  185 

Prisoners,  commitment  of 16  185 

may  give  recognizance 9 l.Sl 


P 

SECTION.  PAGE. 

Prisoners,  expense  of  keeping . . 17  185 

to  work  out  fines 19  185 

supplying  with  liquor 2 218 

treatment  of 2 212 

Pro\-isions,  adulteration  of 3 217 

Prosecutions,  under  dram  shop 

ordinance 9 206 

Private  drains,  ordinance  on 239 

Proceedings  for  collecting  fines . 8 267 

Privies  . . .^ 25-27  212,  213 

Property,  injury  by  trespass 259 

^Marshal  custodian  of  police..  .6  182 

Public  halls,  ordinance  on 241 

Publication  of  ordinances 9 2h7 


12 

Railroads,  speed  in  city 1 246 

obstruction  by  trains 1 246 

frightening  animals 1 246 

cars  to  be  cleansed 2 246 

Rescue  of  prisoners 1 212 

Reports  of  officers 4 251 

Revision  of  ordinances 268 

repeal  of  former  ordinances  by.l  268 

when  revksed  ordinances  take 

effect 2 268 

resolution  concerning 1.59 

committee  on 159 

Repeal  of  former  ordinances  by 

revision .1  268 

effect  of 1 268 

Recognizance,  form,  when 

taken,  return 9 183 

Record  of  plats,  first  approved 

b\'  Council 1 194 

Records  of  city  officers — open  to 

inspection 8 164 

Registry,  of  deaths 3 168 

of  licenses 4 168 

of  burials — sexton  to  keep 7 200 

of  prisoners  by  Marshal 16  185 

of  sales  of  poison  by  druggists  34  228 

Religious  congregations, disturb- 
ing  ^ 19  226 

Ringing  of  bells 1 247 

Riof,  suppression  of,  powers  in. 12  184 

Rope,  lodging  rooms  to  be  sup- 
plied with 9 243 

Rules,  of  Board  of  Education 144,  1.52 

of  City  Council 1.53,  1.57 

for  construction  of  ordinances  265 

Rubber  gun,  shooting  with  pro- 
hibited   3 216 

Rubbish,  setting  lire  to 8 222 

in  streets,  etc 4 224 

Runners  and  porters  (see  port- 
ers). 

Rubbish  in  streets  and  alleys,  § 

7,  p . 2-50  and 10  2.56 

s 

Sabbath  (see  Sunday). 

Saloons  isee  dram  shops). 

closed  on  Sundays 1 2.57 

Sales,  by  chance . . ! 36  228 

by  false  weights  and  meas- 
ures  .“. 1,2  217 

of  adulterated  articles 3,  4 217 


INDEX. 


283 


SECTION.  PAGE. 

Sales,  of  impounded  animals..  12  197 

without  license 1 207 

Salaries  and  fees,  ordinance  on..  247 

restrictive  provisions 2,  3 248 

Mayor,  Aldermen,  City  Clerk, 
CityTreasurer,  Assessor,  City 
Attorney,City  Engineer,  City 
Marshal,  Overseer  of  Poor, 

Police  Magistrate,  Justices 
of  Peace,  Superintendent  of 
Streets,  Policemen,  Judges 
and  Clerks  of  Election, Com- 
missioner of  Health,  Sealer 
of  Weights  and  Measures, 

Inspector,  Chief  Engineer.  .'.1  247 

of  day  scavenger 5 250  ^ 

School  building,  doors  of,  fire 

extinguishers  in 2,  3 242 

Scales  (see  wood  and  coal). 

Scaffolds,  when  a nuisance 8 231 

Scavengers,  night,defined  condi- 
tions of  license,  bond 25  212 

duties  of — regulations 26  212 

owners  may  clean  vaults — per- 
mission   27  213 

fees  of,  § 5,  p.  2.50,  and 28  213 

day  scavenger,  districts,  ap- 
pointment of,  duties  of 1-4  249 

Sureties  on  otticial  bonds 4 163 

notice  to  sureties  of  defaulting 

officer 2 251 

Suspension  of  officer 14  166 

salary  of  suspended  officer ...  14  166 

Settlements  of  officers 251 

Seal  of  city,  authentication 1 257 

Sewers,  obstructing  fiow  of 

water  in 5 224 

connection  with 1,  2,  3 239 

plans  of 239 

Sealer  of  Weights  and  Measures, 

duties  of 177,  178 

appointment  of 1 177 

bond  of 2 177 

to  keep  an  office — give  certifi- 
cates  3 177 

to  test  weights 4 177 

may  condemn  weights 5 178 

fees  of 6 178 

penalty  for  obstructing 7 178 

salary  of 1 248 

Sexton  (see  cemetery). 

Second  hand  stores,  keepers  of 

defined.... 19  210 

license — conditions — bond 20  210 

record  of  purchases  — how 

kept 21  210 

books  exhibited  to  officers 22  211 

keepers  to  report  to  police  sus- 
pected persons  and  property  23  211 

purchases  from  minors,  etc'., 

prohibited 24  211 

amount  of  license  for 30  214 

Shows,  license  for 1,  30  207,  214 

Shade  trees  (see  trees). 

Signs  and  awnings,  ordinance 

on 252 

manner  of  constructing 1 252 

dangerous  and  insecure 2 252 

declared  a nuisance  removal.. 3 252 

suspended  across  walk 4 2.52 

notice  to  remove 5 253 


SECTION. 

Sidewalks  (see  streets  and  side- 
walks). 

injury  to 3 

orange  peel,  etc.,  thrown  on. ..8 
obstructing  by  loitering,  etc..  .9 

selling  merchandise  on 22 

obstruction  of  by  builders,  etc.l 
by  excavations,  merchandise, 

etc 2,  4,  5,  7 

openings,  in 2,  3 

riding  or  driving  upon 9 

escape  of  water  upon 12 

Signs,  injury  to 3 

Slungshot  (see  vagrancy). 
Slaughter  houses  to  be  kept 

clean 27 

Soda  fountains,  keepers  of,  li- 
cense for 30 

Special  assessments 1 

police I P-  1’* 

Speed  of  railroad  trains  in  city..l 
Sparrow,  English,  killing  of  not 

prohibited ^ 4 

Stoves 9,  10 

Stock  yards — when  nuisances 7 

Streets  and  sidewalks,  ordinance 

on 

obstruction  of  by  builder  or 

contractor 1 

permit  to  builder 1 

obstruction  by  excavations, 
etc ; 2,  4,  5, 


by  fences,  etc 


obstruction  by  teams,  etc. 


water  fallinj 


Stone,  casting  into  street,  etc.. 


Streets, 


of. 


PAGE. 


224 

224 

224 

226 

254 

254,  255 
2.54 
256 
2.57 
224 


227 

214 

253 

182 

246 

216 

188 

230 

2.54-2.57 

2.54 

2.54 


6 254,  255 


Stairways,  in  public  halls,  etc.  .5-8 
Surveyor  (see  Engineer). 

Sunday,  suspension  of  business 

on — exception 1 

amusements  on 2 

rights  of  conscience  concern- 
ing  2 

Superintendent  of  Streets — Gu- 

ties  of 

to  sujierintend  improvements.! 

may  procure  materials 2 

shall  keej)  account  of  material. 3 
to  keep  account  of  expendi- 
tures  4 

to  rejjort  to  Council 5 

to  keep  sidewalks  in  repair. . . .6 


.3 

2.54 

255 

r* 

. i 

255 

.8 

2.56 

.9 

256 

10 

256 

10 

256 

11 

257 

12 

2.57 

13 

257 

..1 

194 

11 

257 

..9 

256 

.8 

196 

13 

257 

.8 

222 

.7 

224 

11 

257 

10 

225 

21 

226 

22 

226 

L 

12  - 

225 

242,  243 


2.57 

258 

258 

173,  174 
173 

173 

174 

174 

174 

174 


284 


INDEX. 


SECTION.  PAGE. 

Sifrns  and  awnings,  shall  enforce 


ordinances T 114 

to  give  permit  for  removal  of 

soil  from  streets 10 

bond  of 4 233 

salary  of 1 ~4« 

Superintendent  of  Street  Light- 
ing— duties 116,  111 

to  sifperintend  lamp  lighting, 

etc 1 116 

may  employ  assistants 2 111 

bond  of 4 223 

Swindlers  (see  cheats  and  swin- 
dlers). 


Subdivision  of  lots  and  block.. 1, 2 194 


T 


Teams  to  be  tied 

23 

226 

obstructing  street  with 

9 

256 

frightening  teams 

.1 

246 

loaded  with  wood  and  coal . . . 

. i 

265 

Telephone,  injurv  to 

.1 

220 

Telegraph,  injurv  to 

.1 

220 

Theatres,  license  for 

3U 

214 

doors  in — fire  extinguishers . 2, 

. 3 

242 

firemen  in 

.4 

242 

stairwavs  and  exits  in 5-1 

242,  243 

Toy  pistols,  sale  of  prohibited. . 

.3 

219 

minors  in  possession  of 

.4 

219 

Tools,  burglars 

.3 

261 

Treasurer,  Citv,  duties  of 

111 

to  keep  accounts  of  receipts 

and  expenditures 

.1 

111 

to  report  to  Council 

\> 

111 

to  keep  account  with  Magis- 

trates 

.3 

111 

to  collect  bills 

.4 

111 

bond  of 

.4 

2:33 

salarv  of 

.1 

241 

Trees  and  hedges,  ordinance  on 

2.58 

Trees,  injuring 

how  planted 

.6 

224 

.1 

2.58 

to  be  kept  trimmed 

.2 

258 

Treatment  of  prisoners 

.2 

232 

Trespass,  injurv  to  projierty  by 

.1 

259 

posting  bills 

.2 

259 

Trial  of  officers 11,  13 

165,  166 

X7 

Unwholesome  food,  sale  of  . . . : 

26 

221 

Y 

Vaults,  in  cemeteries 

10 

201 

privy,  contents  not  to  run  into 

street,  etc 2.5  226 

contents  to  be  removed  before 

tilling 25  226 

distance  from  well  or  dwelling.l  241 

penalty  for 2 241 

Vasrrancy,  general  regulations 

on...... 260 

Vagrants,  idle  person  detined  as. 11  225 

who  are 1 260 

arrest  of 2 261 

to  work  out  tines 2 261 

gamblers  as 3 261 

destruction  of  gambling  im- 
plements  3 261 


V 

! SECTION.  PAGE. 

I Vacancy  in  offices 9,  11,  14  164,  166 

I Vegetables.sale  of  unwholesome  26  221 

I to  be  sold  by  bushel  or  aliquot 

parts 29  221 

Velocipede  on  sidewalk  prohib- 
ited  2 216 

V'iew,  obstruction  of  in  dram 

shops 8 205 


I Wards,  boundaries  of 161 


First  Ward 1 161 

Second  Ward 2 161 

Third  Ward 3 161 

Fourth  Ward 4 162 

I Fifth  Ward 5 162 

Sixth  Ward 6 162 

Seventh  Ward 1 162 

Water,  obstructing  flow  of 5 2 '4 

throwing  into  streets 21  £ ,d 

stagnant  a nuisance 4 230 

Water  pipes,  obstructing 5 224 

! Watchmen  in  hotels 10  243 


I Waste  paper  and  rubbish  in 

! streets 10  256 

I Warrants,  for  payment  of  money 

I how  drawn 6 168 

payable  to  claimant  or  order  . .6  168 

for  arrests  of  offenders 8 183 

on  treasury,  bj’  Park  Commis- 
sioners....  .*. 5 235 

Warrants  for  attendance  of  wit- 

I nesses 12  165 

1 Weights  and  measures,  false 1 211 

i certificates  of,  altering  or 

i fraudulently  using. . .7 .2  211 

' Weighing,  wood,  coal7  etc 1 264 

! Weecls  and  grass  in  front  of 

. premises 10  2.56 

I Worship,  place  of — disturbing 

I assembly 19  226 

; Wooden  buildings,  ordinance  on.  262 

I when  a nuisance 5 230 

! erection  within  fire  limits  for- 

, bidden 1 262 

i what  constitutes 2 262 

! damage  by  fire  to 3 262 

i extent  of  damage,  how  found. 4 262 

: violation  of  ordinance,  penalty  5 263 

duty  of  Mayor  and  Marshal. . .'.6  263 

when  a nuisance 5,  6 2:30 

Wood  and  coal,  ordinance  on 264 

location  of  yard 1 264 

Inspector— duties 1,2  264 

I shape  of  wood  rack 3 264 

selling  without  certificate 4 264 

fraud  in  selling 5 264 

exceptions 6 265 

loaded  teams  to  stand  at  yard.. 1 265 

! Words,  as  used  in  ordinances. 3,  5 266 

I singular  and  plural,  males  and 

! females 3 266 

I person  or  persons,  corpora- 
! tion,  court,  etc 3,  5 266 

I 

Y 

I Yard,  city  wood  and  coal 1 264 


